requirement is when the police officer believes that the item will be removed before a

warrant can be obtained.

2. The Requirements for a Warrant to be Issued. In order for a search warrant to be issued, there
are at least two general requirements:

a. Requirement One. The warrant must be issued by a neutral magistrate or judge. This
means that the judge can't have any political or monetary ties to the case.

b. Requirement Two. The warrant must state the place to be searched and the items to be
seized.

XI. SELF-INCRIMINATION

A. Fifth Amendment. The Fifth Amendment guarantees that no person "shall be forced to testify against
himself." TWO OTHER COMMENTS

1. The fifth amendment does not apply to corporations or partnerships.

2. Sole Proprietors who have not incorporated may also plead the fifth.

XII. DUE PROCESS.

A. Introduction. The text summarizes three (3) courses into one page. This was a stuff task.

B. Fifth and 14th Amendments. The 5th and 14th amendments provide that no person shall be deprived of
life, liberty or property without due process of law.

C. TWO PARTS TO DUE PROCESS. There are two aspects of due process.

1. Procedural Due Process. The first aspect is procedural due process. This requires that when
government takes private property or upset someone's rights, there must be fairness in the
process when is used.

2. Substantive Due Process. The second aspect is substantive due process. This focuses on the
content or substance of the legislation. A couple of key points:

a. Fundamental Rights. If a law or government action limits a fundamental right, the action
must be necessary to promote a compelling and averring government interest.

(1) Fundamental Rights include (1) the right to travel, (2) the right to privacy, (3)
the right to vote and (4) and all first amendment rights (i.e. speech, religion, etc.)

a. If not Fundamental Right. If it is not a fundamental right, all the government must show
is that the law is rationally related to a legitimate government interest (a far less
stringent standard).
XIII. EQUAL PROTECTION. The fourteenth amendment provides that "no State shall make or enforce any law
which shall deny person within its jurisdiction the equal protection of the law."

A. Definition. Equal protection means that the government must treat similarly situated individuals in the
same manner.

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