Homework: 4th amendment RQs - Monday

FrontPage: See next slide.The last thing you’d expect when…

…sneaking out.

…playing pool.…drag racing.

…chasing bucketman.

The Last Word: 4th amendment RQs due Monday

FrontPage: How would you react to the following situation?

Mrs. Pavlik comes onto the PA system and issues the following announcement:

“Due to the recent rise in acts of vandalism, physical violence and threats against students, the administration of Peters Township High School has decided to take the following steps. Using a sophisticated new technology,

and with help from Verizon and AT&T, we have been able to retrieve transcripts of all phone conversations and text

messages sent from phones within the school building and during school hours from the last 2 weeks.

Along with all high school teachers, we will review the data we have collected, and will provide to parents any

information regarding illegal, immoral or unethical behaviors. These include but are not limited to illegal drugs, profanity, and relationships between students.

Additional steps, including random drug testing, may be taken in the future to ensure the safety of students.

Thank you for your cooperation.”

The Fourth Amendment

Protection from Unreasonable Search and Seizure

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures, shall not be violated, and

no Warrants shall issue, but upon probable cause, supported by Oath or

affirmation, and particularly describing the place to be searched,

and the persons or things to be seized.

The Parts of the 4th AmendmentProvides protection from “unreasonable search

and seizure”What is required first in order to conduct a

reasonable search? What must this warrant include?

What do police need to show in order to get the warrant? How would you define “probable cause”?

Homework: Rights of the Accused RQs for Wednesday

FrontPage: NNIGN"You know what the worst job in America is? It's newspaper reporter. I guess

the pollsters forgot to ask the guy who cleans the toilets at Dodger Stadium how things are going for him."-Jimmy Kimmel

"U.S. intelligence agencies have put together a psychological profile of Kim Jong Un. They say he's a narcissist, and he is obsessed with Hollywood, obsessed with plastic surgery, and obsessed with the NBA. It's a condition we know as 'Kardashianism.'" –Jay Leno

"After a very difficult week, it's good to know that bad guys don't get away with it. We caught the Ricin guy. We caught the bombers. This is a powerful message from our government; we will not be intimidated by bombs, we will not be intimidated by poison. This is America. If you are a violent, paranoid lunatic, you must use a gun." –Bill Maher

'Do you believe Dennis Rodman is still talking about Kim Jong Un? It's not a good sign when the friend who's trying to explain that you're not crazy is Dennis Rodman. That's not the guy I would send out for my sanity test.' –Conan O'Brien

"Dennis Rodman claims the FBI wants to hire him as an informant. That makes sense because the first thing you want to do is to tell everyone you're an FBI informant." –Conan O'Brien

Question…What happens if officers conduct an

“unreasonable” search (w/out probable cause or a warrant) and find something illegal?

The “Exclusionary Rule”“Exclusionary rule” - Evidence seized in an

illegal search cannot be used in the case against an individual

Weeks vs. US (1914) – created the Exclusionary rule

Mapp vs. Ohio incorporated itWhy does the Exclusionary rule exist? What criticisms could be made of it?What are some alternatives?

**Relaxing the Exclusionary Rule: The Court has recognized several instances

in which evidence found as a result of a search without a warrant can still be used in a court case…Good faith, for example

What about this case?Bernie D. Herring goes to an Alabama police station to

collect some things from his impounded truck in 2004. A cop recognizes him and calls around to see if there

were any warrants for his arrest. After he had left, police found out there were warrants for

his arrest, so they pursued him, pulled him over, and during the course of the arrest, searched his vehicle. They

found methamphetamines and a gun. It was so0n discovered, however, that the warrants for arrest had been revoked, but the computer database had

not been updated.

Can this evidence, gained from a search that existed “without a warrant”, be used against Herring?

Student rights in school