Probable cause refers to a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched (for a search).
Probable cause is a Fourth...
the Constitution
procedural due process
The U.S. Constitution requires that federal and state governments abide by certain procedures to protect the essential interests of all citizens. The Fifth and the Fourteenth Amendments of the U.S. Constitution guarantee due process to all...
prompt judicial determination
The Fourth Amendment requires persons arrested without a warrant to be promptly brought before a neutral magistrate for a judicial determination of probable cause. There is no mandated time frame for the prompt judicial determination. Promptness merely...
property power
The term property power refers to the power possessed by Congress under Article IV, §3 of the Constitution. Clause 2 provides that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the...
publicity
The right to publicity is guaranteed in the United States to protect an individual’s identity. Specifically, the right to publicity concerns the exclusive right to license one’s own identity for commercial purposes, preventing other...
qualified immunity
Qualified immunity is a type of legal immunity that protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or...
ratify
To ratify means to approve or enact a legally binding act that would not otherwise be binding in the absence of such approval.
In the constitutional context, nations may ratify an amendment to an existing or adoption of a...
rational basis test
The rational basis test is a judicial review test used by courts to determine the constitutionality of a statute or ordinance. It is also referred to as “rational review.”
The Requirements of the Rational Basis TestUnder...
Regents of the University of California v. Bakke (1978)
Regents of the University of California v. Bakke is a 1978 Supreme Court case which held that a university’s admissions criteria which used race as a definite and exclusive basis for an admission decision violated the Equal Protection Clause of the...
reverse discrimination
“Reverse discrimination” involves a claim by a non-minority individual that they were discriminated against on the basis of race, or other characteristics or attributes. See Wachstein v. Slocum 265 N.J. Super. 6, 625 A.2d 527 (App. Div. 1993...