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Which situation describes a violation of the due process clause under the Fourteenth Amendment?(1 point)

Responses
choose two
After issuing a search warrant from the state judge, the police performed a search on Stanley's house for illegal substances and arrested him when they found illegal substances.
After issuing a search warrant from the state judge, the police performed a search on Stanley's house for illegal substances and arrested him when they found illegal substances.

The police obtained a search warrant on Stanley's house but performed the search on a weekend instead of a weekday.
The police obtained a search warrant on Stanley's house but performed the search on a weekend instead of a weekday.

The police officers performed the search on a federal holiday, making it illegal for Stanley's property to be searched even with a warrant.
The police officers performed the search on a federal holiday, making it illegal for Stanley's property to be searched even with a warrant.

The police performed a search on Stanley's house for illegal substances even though they did not have a search warrant. When they found a trunk full of illegal substances, they arrested Stanley.

1 answer

There are two situations that describe a violation of the due process clause under the Fourteenth Amendment:

  1. The police performed a search on Stanley's house for illegal substances even though they did not have a search warrant. When they found a trunk full of illegal substances, they arrested Stanley. - This scenario violates due process as it involves a search and seizure without a warrant, which is a fundamental violation of the Fourth Amendment.

  2. The police officers performed the search on a federal holiday, making it illegal for Stanley's property to be searched even with a warrant. - This situation suggests an incorrect interpretation of legality, as there is no specific law prohibiting searches on federal holidays if the proper procedures, such as obtaining a warrant, are followed. However, if there are local laws or legal interpretations stating searches cannot occur on holidays, then that could be a violation of due process.

The first response is a clear violation, and while the second scenario may not universally constitute a violation depending on specific laws or interpretations, it suggests an improper application of the law regarding the timing of the search. The key violation is the lack of a warrant in the first scenario.