Thermal Imaging

“Thermal Imaging.” Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by using the thermal imager. Sam’s lawyer also questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

 

48. (p. 114) Reference: “Thermal Imaging.” Sam is engaged in the criminal activity of growing marijuana in his home. He used heat lamps in the process. The police randomly select his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam’s door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam’s lawyer, who just graduated from law school, is not sure if the police acted legally in Sam’s case by using the thermal imager. Sam’s lawyer is concerned that the judge has not granted Sam a hearing. Which of the following references rights Sam had in regard to a hearing?

 

49. (p. 114) What does the Fifth Amendment’s protection against self-incrimination mean?

 

50. (p. 114) Which amendment protects against double jeopardy?

 

51. (p. 114) What does protection against “double jeopardy” mean?

 

52. (p. 114) Which amendment gives citizens the right not to testify against themselves?

 

53. (p. 114) Which of the following are types of due process?

 

54. (p. 114) Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

 

55. (p. 114-115) What does the Fifth Amendment’s takings clause reference?

 

56. (p. 116) Which of the following is true regarding privacy rights?

 

57. (p. 117) If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

 

58. (p. 117) If the law’s classification scheme is based on gender, the law will be subject to ___.

 

 

 

 

 

59. (p. 117) Which of the following is true regarding rights of the citizens of Belarus?

 

60. (p. 117) Reference: “Junk food.” Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction’s police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, what will a court likely ask?

 

 

 

Essay Questions

 

 

 

61. (p. 93) Explain the system of checks and balances and explain how it works.

 

62. (p. 99) Explain the concept of the “dormant commerce clause.”

 

63. (p. 104-105) Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled “Fire” as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

 

64. (p. 105-106) Set forth the Central Hudson Test for Commercial Speech.

 

The test has four aspects as follows:

 

(1) Does the speech concern an illegal activity? Is it misleading?

 

(2) Is the government interest served by the restriction on commercial speech substantial?

 

(3) Does the regulation directly advance the government interest asserted?

 

(4) Is the regulation more extensive than necessary to serve the government interest?

 

65. (p. 117) When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court’s apply, if any, in cases involving this standard?