Define!
What is “Due Process?”
 What is the difference between a felony
and a misdemeanor?

Amendment 4, 5, 14Th
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

Arrest/Mugshot/charged
Court
Conviction/Game Over
Procedural Due Process
Deals with the “how” (procedures,
methods) of government action
 How the government went about, lets say,
an arrest
 Rochin V. California

Substantive Due Process
Substantive Due Process involves the
“what” of government action.
 Pierce V Society of Sisters
 The law violated the 14th Amendmentpurposely made to destroy parochial
education
 The Court clearly said that the law, while
never implemented, was a violation of
substantive due process

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.

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.

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

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