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To Apply or Not to Apply the Warrant Clause
b Quantum of Suspicion
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aliens Almendarez-Torres Amendment right apply Apprendi arrest attorney Blockburger charged checkpoint claim Clause cocaine committed concurring conduct Congress consent constitutional conviction counsel Court of Appeals crime criminal custody decision defendant defendant's detention determine dissent District Court Double Jeopardy drug testing due process Eighth Amendment evidence fact federal felony Fifth Fourth Amendment grand jury guilty habeas hearing held imposed indictment issue judgment judicial jurors Justice Kennedy Justice Scalia Justice Souter law enforcement magistrate judge McMillan ment Miranda Miranda warnings motion murder nolo contendere offense officers opinion passengers person petitioner plea police prison probable cause probation procedural proceedings prosecution protect punishment question reasonable doubt record respondent respondent's rule S.Ct Scalia seizure sentencing factor Sixth Amendment stare decisis statement statute statutory Strickland supra Supreme Court tence three strikes three strikes law tion trial United unreasonable Vernonia violation warrant Whren witness Zadvydas