Amendments to the U.S. Constitution:

Read the following amendments to the U.S. Constitution:

Amendment V:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment XIV:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

A. List all terms in these amendments that could be considered ambiguous.

B. Keeping in mind that the Bill of Rights (the first 10 amendments) applies only to the federal government, analyze the following factual situations in relation to the Fifth and Fourteenth Amendments. Prepare an outline of the appropriate constitutional language related to the relevant facts (Box 6-3 ) and answer the specific questions asked.

Financial support of elementary schools in Washington, D.C., that are predominantly composed of minority students is substantially less than the support given to elementary schools that are not minority-based.

a. Is there a potential violation of the Fifth Amendment?

b.Is there a potential violation of the Fourteenth Amendment?

c.Are there any issues or questions you would want to research further? If so, list those questions and identify the sources you would consult.

2.   A regional planning commission in the Lake Tahoe area imposed a three-year moratorium on all building near the lake. Jones, who owned lake-view property, was unable to build and therefore unable to use his land. He claimed that the government should compensate him for his property.

a. Does Jones have any potential claims under the Fifth Amendment?

b. Does Jones have any potential claims under the Fourteenth Amendment?

c. Are there any issues or questions you would want to research further? If so, list those questions and identify the sources you would consult.

3.   What analysis of the Rambeaux situation regarding Rambeaux’s civil liability under 42 U.S.C. § 1983. Follow the example in Box 6-5.

4.   Assume that you work as a research assistant for the attorney handling the Meyers case. In researching the codes you find the following: Penal Code section 1538.5. (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds:

(A) The search or seizure without a warrant was unreasonable.

(B) The search or seizure with a warrant was unreasonable because any of the following apply:

l.            The warrant is insufficient on its face.

ll.           The property or evidence obtained is not that described in the warrant.

lll.          There was not probable cause for the issuance of the warrant.

IV.         The method of execution of the warrant violated federal or state constitutional standards.

V.           There was any other violation of federal or state constitutional standards.

Explain how this code section applies to the motion to suppress the bloody handkerchief in the Meyers case.

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