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Lesson 3-10 Citizen Protections Amendments 2-4

W ARM U P #1 Lesson 3-10: Citizen Protections – Amendments 2-4 When you hear “citizen protections,” what do you think? L 60

L EARNING T ARGET:  I can identify the rights provided in the 2 nd, 3 rd, and 4 th Amendments to the Constitution.  reasonable suspicion  probable cause  warrant VOCAB Key Vocabulary to add to Flashcard List (??-??) 61 R Lesson 3-10: Citizen Protections – Amendments 2-4

Attach the Graphic Organizer for your P ersonal R eading N otes L 60 Lesson 3-10: Citizen Protections – Amendments 2-4

Label the AMENDMENTS. Briefly describe the specific right represented by each illustration. 3 rd 2 nd 4 th Lesson 3-10: Citizen Protections – Amendments 2-4

Read Section 10.4 – Citizen Protections (pages ) Lesson 3-10: Citizen Protections – Amendments nd 3 rd 4 th

THE 2 nd, 3 rd, and 4 th AMENDMENTS: _____________________________________ Note: These rights are to protect the ___________ from ______________________________. CITIZEN PROTECTIONS PEOPLE GOVERNMENT Lesson 3-10: Citizen Protections – Amendments 2-4

Review the Reading and Graphic Organizer We have the right to bear arms Own a gun The meaning of this amendment has been MUCH Debated 2 nd Amendment “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Any restrictions on types of GUNS? Kinds of weapons? Fully automatic weapons? Kinds of ammunition? Lesson 3-10: Citizen Protections – Amendments 2-4

Review the Graphic Organizer We have the right to bear arms Own a gun The meaning of this amendment has been MUCH Debated 2 nd Amendment

Review the Reading and Graphic Organizer We have the right to bear arms Own a gun Any restrictions on types of GUNS? 2 nd Amendment In Pennsylvania… License to Carry Firearm (LTCF) Issued to carry a firearm concealed on one’s person or in a vehicle within the Commonwealth 21 years or older Good for 5 years Machine guns, suppressors, short barreled rifles and shotguns are prohibited in Pennsylvania as “offensive weapons.” Lesson 3-10: Citizen Protections – Amendments 2-4

61 R Attach the C lass N otes THE 2 nd, 3 rd, and 4 th AMENDMENTS: ________________________ Note: These rights are to protect the ___________ from ______________________________. 2 nd Amendment: The Right to _____________________________ A.The meaning of this amendment has been much _______________________ B.Some believe people may own _____________ only if they are part of ____________________________________________ C.Others believe that this amendment _____________ the right of ________________ to own guns for __________________________________ D.In the 2008 case, The District of Columbia v. Heller, the Supreme Court supported __________________________________________________________________ 3 rd Amendment: ________________________ Troops in _______________ A.Before the American Revolution, __________________ had forced colonists to ____________ British soldiers. B.Today, soldiers _____________________________ in homes C.This amendment has had almost ________________ in our history. D.However, this is amendment is very important today because it _________________________________________________________________ 4 th Amendment: _____________________ and ____________________ A.A ___________________ is the act of _______________ taking control of a person or property B.A ___________________ is the act of _______________ a person’s ______________ C.Before arresting a person or searching someone’s home, police must ____________________________________________ D.A ________________ is an order issued by a _____________________ based on evidence provided that an arrest or search should occur. E.However, nowhere in the 4 th Amendment does it say a __________________ is required for every government search. F.An “__________________” search happens when there is no _________________________ or a strong reason for the search In school… A.The New Jersey v. T.L.O. case addresses the issue of whether a __________ by school officials is a “search” at all. It also considers whether the standard of _____________________________ applies to the school situation B.The Vernonia v. Acton case considers the ___________________________ of across-the-board searches not based on ___________________________________ by allowing the urine- testing of junior high football players C.The Board of Education v. Earls expanded urine-testing to _____________________ D.The Safford v. Redding case does not allow _________________ of students Lesson 3-10: Citizen Protections – Amendments 2-4

1.2 nd Amendment: The Right to ___________________ A.The meaning of this amendment has been much _______________________ B.Some believe people may own ________ only if they are part of __________________________________ C.Others believe that this amendment ______________ the right of ___________________ to own guns for ___________________________________________ D.In the 2008 case, The District of Columbia v. Heller, the Supreme Court supported __________________ __________________________________________ __________________________________________ BEAR ARMS DEBATED GUNS AN ORGANIZED MILITIA PROTECTS INDIVIDUALS THEIR OWN PERSONAL DEFENSE THE VIEW THAT INDIVIDUALS HAVE THE RIGHT TO OWN GUNS FOR THEIR PERSONAL USE Lesson 3-10: Citizen Protections – Amendments 2-4

3 rd Amendment The right to Privacy is NOT stated in the Bill of rights This is a foundation to your “privacy rights!” Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer If a soldier observes you “break a law” inside your home as he lives there, can you be punished? “A man’s house shall be his own castle, privileged against all civil and military intrusion.” Justice Joseph Story When you have “guests” in your home, how do things change? The 3 rd Amendment grew out of the British colonial practice of quartering (housing) soldiers in private homes. Citizens cannot be forced to house and feed soldiers.

2.3 rd Amendment: ________________________ Troops in _______________ A.Before the American Revolution, ________________ had forced colonists to ___________ British soldiers. B.Today, soldiers _________________________ in homes. C.This amendment has had almost _________________ in our history. D.However, this is amendment is very important today because it _________________________________ __________________________________________ __________________________________________ __________________________________________ QUARTERING HOMES GREAT BRITAIN HOUSE ARE NOT QUARTERED NO SIGNIFICANCE IS A WARNING TO THE GOVERNMENT TO RESPECT THE PRIVACY OF PEOPLE’S HOMES Lesson 3-10: Citizen Protections – Amendments 2-4

W ARM U P #2 L 60 What does the right to privacy mean to you at home, at school, and in an airport? AT HOMEAT SCHOOLAT THE AIRPORT Lesson 3-10: Citizen Protections – Amendments 2-4

4 th 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…” We are protected from unreasonable search and seizure. SEARCH ? SEIZURE ? Invading one’s privacy Taking one’s property or person The 4 th Amendment grew out of the British colonial practice to use writs of assistance (blanket search warrants) to have custom officials go into private homes to search for smuggled goods. Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer

What is UNREASONABLE ? 4 th Amendment Need a Warrant Is “suspicion” reasonable? Can the police “search” someone they stop to talk with? Can the police stop and question people who are not under arrest? Have “probable cause.” We are protected from unreasonable search and seizure. Reasonable suspicion is… an objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time. NOTE: A police officer stopping a person must be able to point to specific facts or circumstances even though the level of suspicion need not rise to that of the belief that is supported by probable cause. A reasonable suspicion is more than a hunch. Probable cause is… a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court. Before a person can be sued or arrested and prosecuted, the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true. WARRANT an order from a judge that authorizes police or other officials to take a certain action, such as searching one’s property Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer “suspicion” is a feeling or thought that something is possible, likely, or true

We are protected from unreasonable search and seizure. 4 th Amendment What is UNREASONABLE ? An arrest is the “seizure” of a person. When a lawful one is made, officers do not need a warrant to search “the arrestee’s person and the area within his immediate control.” In fact, most arrests take place without a warrant. Nor is a warrant needed to seize evidence “in plain view.” Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer

We are protected from unreasonable search and seizure. 4 th Amendment What is UNREASONABLE ? IF an unlawful search and seizure does occur, what use can be made of the evidence that is found? “Tainted evidence” (evidence gained by an illegal act by police officers) cannot be used against the person from whom it was seized! It says to the police: As you enforce the law, obey the law. Critics say some people who are clearly guilty go free. Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer

We are protected from unreasonable search and seizure. 4 th Amendment What is UNREASONABLE ? Wiretapping Can the “government” listen in on your conversations? Are web searches really private? PRIVACY Lesson 3-10: Citizen Protections – Amendments 2-4 Review the Reading and Graphic Organizer

Lesson 3-10: Citizen Protections – Amendments 2-4

W ARM U P #3 How does YOUR right to “privacy” apply to school? L 60 School Lockers? Book Bags? Cell Phones? Drug Testing? Strip Searches? Lesson 3-10: Citizen Protections – Amendments 2-4

3.4 th Amendment: _____________________ and ____________________ A.A ___________________ is the act of ____________ taking control of a person or property. B.A _______________ is the act of _______________ a person’s ______________. C.Before arresting a person or searching someone’s home, police must __________________________ _________________________________________. D.A ________________ is an order issued by a _____________________ based on evidence provided that an arrest or search should occur. SEARCHES SEIZURES SEIZUREFORCIBLY SEARCHINVADING PRIVACY SHOW THERE IS GOOD REASON FOR SUCH ACTION WARRANT JUDGE Lesson 3-10: Citizen Protections – Amendments 2-4

E.However, nowhere in the 4th Amendment does it say a __________________ is required for every government search. F.An “__________________” search happens when there is no _________________________ or a strong reason for the search. WARRANT UNREASONABLE PROBABLE CAUSE Lesson 3-10: Citizen Protections – Amendments 2-4

4.In School… A.The New Jersey v. T.L.O. case addresses the issue of whether a ___________ by school officials is a “search” at all. It also considers whether the standard of ____________________ applies to the school situation, which DOES NOT (school officials only need “reasonable suspicion” to search students). B.The Vernonia v. Acton case considers the ________________________ of across-the-board searches not based on ___________________ _____________ by ALLOWING urine-testing of junior high school football players. SEARCH PROBABLE CAUSE CONSTITUTIONALITY INDIVIDUALIZED SUSPICION Lesson 3-10: Citizen Protections – Amendments 2-4

4.In School… C.The Board of Education v. Earls EXPANDED urine-testing to _____________________________ __________________________________________ __________________________________________. D.The Safford v. Redding case does NOT ALLOW ________________________ of students. ALL STUDENTS PARTICIPATING IN EXTRACURRICULAR ACTIVITIES STRIP SEARCHES Lesson 3-10: Citizen Protections – Amendments 2-4

W RAP U P How does YOUR right to “privacy” apply to school? L 60 Your rights to privacy DO NOT stop at the “schoolhouse gates”! HOWEVER, your rights to privacy ARE MORE RESTRICTED! WHY? Cannot INTERFERE with learning, be DISRUPTIVE, or ENDANGER OTHERS! Lesson 3-10: Citizen Protections – Amendments 2-4