1. Define! What is “Due Process?”
What is the difference between a felony and a misdemeanor?

2. Amendment 4, 5, 14Th

3. Due Process
5th Amendment-Government cannot deprive any person of “life, liberty, or property” w out due process
14th Amendment means that the states must abide by this, too.
*** The government must act fairly and in accord with established rules/laws

4. Arrest/Mugshot/charged

5. Court

6. Conviction/Game Over

7. Procedural Due Process
Deals with the “how” (procedures, methods) of government action
How the government went about, lets say, an arrest
Rochin V. California

8. Substantive Due Process
Substantive Due Process involves the “what” of government action.
Pierce V Society of Sisters
The law violated the 14th Amendment-purposely made to destroy parochial education
The Court clearly said that the law, while never implemented, was a violation of substantive due process

9. Police Power Remember the “Reserved Powers?”
This ALSO includes the power given to the police
Police power and enforcement is the authority of each State to protect, health, safety, “morals”, and general welfare.
The intertwining of police power with our individual rights is controversial
Take DUI testing.

13. Are you incriminating yourself?
Basically, you stand to “incriminate yourself” (5th Amendment)
Is it an unlawful “search and seizure?” 4th Amendment
Or is it a proper use of the police power?
State says “NO PROBLEM”!
The right of the people to protect ourselves against drunk drivers and has rejected “individual rights” argument.

14. Schmerber V. California
The Court ruled that you can have your blood drawn to detect alcohol-this is not a violation of your rights- “goes with ALL testing”
The police officer had reasonable grounds to assume the driver was drunk. He had the right to test him. If he had delayed and got a warrant, the “evidence” could have disappeared.
Blood, breath, or urine

15. Protecting US
State can mandate that to promote public health, safety, “Morals” they could limit our rights
Alcohol, tobacco, vaccinations
TO regulate safety-limit rights of carry concealed weapon, seatbelts, punish drunk drivers.
To promote “morals” states can restrict gambling or obscene materials, prostitution
You MUST go to school, provide help to those in medical need