Is there a right to PRIVACY in the Constitution? Most people think there is. Prove it. *Hint: Look in the Amendments. What do you expect to keep private?

A Review: Which of the following would be allowed under the 1 st Amendment? District 87 mandating a 1 minute prayer at the beginning of each school day. The class valedictorian conducting a prayer during his address at graduation. Teaching creationism as well as evolution in biology classes. Teaching the historical development of Protestant religions in Europe. Conducting a “prayer at the pole” before school hours. Displaying the Christian nativity scene by itself on school grounds. President Obama demanding the CBS News not air a report on the details of a Navy Seal operation in Afghanistan. The City of Bloomington banning the construction of a “gentleman’s” club in the city. The state of Illinois requiring that television show containing adult content/situations be aired only after 10:00 p.m. A man is arrested for burning an American flag to protest U.S. policy against Iraq.

Where is the right to PRIVACY? The Right to Privacy Identify amendments that imply a right to privacy. For each explain how it helps create the right to privacy.

Where is the right to PRIVACY? The Right to Privacy 1st3 rd 4th5th9th14th Identify amendments that imply a right to privacy. For each explain how it helps create the right to privacy.

Is there a Right to Privacy in the Constitution? The Supreme Courts has found one. Stanley v. Georgia, 1969, defined the right to privacy as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.” The Court found the right was implied by the 14 th Amendment.

How is that a privacy case? Explain the connection between each of the following Supreme Court decisions and the right to privacy. 1.Griswold v. Connecticut (1965): 2.Roe v. Wade (1973): 3.Bowers v. Hardwick (1986): 4.Romer v. Evans (1996): 5.Boy Scouts of America v. Dale (2000): 6

Reproductive Rights Griswold v. Connecticut (1965) – information on and the sale of contraceptives is constitutional Roe v. Wade (1973) – right to privacy includes the right to have an abortion, established trimester parameters Planned Parenthood v. Casey (1992) – abortion can be limited as long as no “undue burdens” are created for pregnant women Gonzales, Attorney General v. Carhart et al (2007) – bans partial birth abortions

Homosexuality Bowers v. Hardwick (1986) – states can criminalize some aspects of homosexual activity Romer v. Evans (1996) – Constitutional rights cannot be denied to homosexuals Boy Scouts v. Dale (2000) – the Boy Scouts could exclude gay males from being scout masters

Right to Die Cruzan by Cruzan v. Director, Missouri Department of Health (1990) – Living wills, written when competent, are constitutional Vacco v. Quill (1997) – there is no constitutional right to doctor assisted suicide

“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.” What does this mean? The 4 th Amendment

Aspects of the 4th Amendment

Warrants are not needed in cases of: Trash set on the curb “Plain view” evidence When police are in “hot pursuit” At the scene of a crime

U.S. v. Leon – Evidence obtained through a faulty warrant can be used as long as police acted in “good faith” to get the warrant. Maryland v. Garrison – Evidence can be used even though police made an “honest mistake” during a warranted search. Exclusionary Rule Exceptions