In a criminal case, most evidence gathered in violation of the Constitution is inadmissible at trial, due to the exclusionary rule. Evidence that has been kept out in this manner is said to have been “suppressed.”
constitutional law
taking
Overview
The power of the government through the use of eminent domain, to take private property and convert it into public use, is referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if...
taking the Fifth
“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...
takings
Overview
A taking is when the government seizes private property for public use.
A taking can come in two forms. The taking may be physical, which means that the government literally takes the property from its owner). Or the taking may be...
Terry stop / stop and frisk
A Terry stop is another name for stop and frisk; the name was generated from the U.S Supreme Court case Terry v. Ohio. When a police officer has a reasonable suspicion that an individual is armed, engaged in, or about to be engaged in criminal conduct...
Third Amendment
The Third Amendment to the Constitution prohibits, in peacetime, the quartering of soldiers in private homes without the consent of the owner of the home. It states that "[n]o Soldier shall, in time of peace be quartered in any house, without the...
trap and trace device
A device or process that records the sources of incoming signals to a specific phone or computer. Often used by law enforcement as the advanced counterpart of Caller ID. A trap and trace device identifies the phone numbers or Internet addresses of...
Tucker Act
Under the Tucker Act of 1887, the United States waived its sovereign immunity as to certain kinds of claims. Although the government is immune to lawsuits as a general rule, the Tucker Act exposes the government to liability for certain claims....
turn state's evidence
Turn state’s evidence (also known as “turn King’s evidence”) or to "flip” means the defendant chose to reveal valuable evidence to the prosecutor, in exchange for a reduction of the charge or the dismissal of some charges. When the defendant...
United States v. Darby
United States v. Darby is a Supreme Court of the United States case that revolves around the Fair Labor Standards Act of 1938 and issues of federalism. Congress set out federal standards for employment conditions, specifically...