In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed...
the Constitution
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...
Texas v. Johnson (1989)
Texas v. Johnson (1989) is the U.S. Supreme Court case where the Court held that state laws which criminalize flag burning violated the First Amendment’s protection of freedom of speech. Find the full opinion here.
At the...
Title IX
As explained by the U.S. Department of Education, Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and...
Toll v. Moreno
441 U.S. 458 (1979)
The Supreme Court held that a state university’s policy that categorically denies “in-state” status to domiciled non-immigrant G-4 aliens and their dependents is invalid under the Supremacy Clause of the U.S. Constitution. (Read...
traffic stop
A traffic stop of a vehicle and detention of its occupants is a seizure for Fourth Amendment purposes. A routine traffic stop is justified if the police officer has a reasonable suspicion that the occupant is unlicensed or the vehicle is unregistered....
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...