Lesson 2 Other Bill of Rights Protections pg. 134 Note: These amendments are discussed and grouped according to topic, NOT in numerical order. Also, remember that only those amendments within the first ten are identified as being part of the Bill of Rights.

Lesson 2 – Other Protections Guaranteeing Rights of the Accused Fourth Amendment – protection from unreasonable searches and seizures Law enforcement must have probable cause Law enforcement must have a search warrant A moveable scene has less restrictions Hot pursuit In plain sight

Fifth Amendment Protection from self-incrimination – don’t testify against yourself Protection from double-jeopardy – can’t be tried twice for the same crime Protected with indictment process – formally charged with a crime

More about the Fifth Everyone is entitled to Due Process - legal procedures must be followed in all cases. Eminent Domain – if private property is needed for the public good, it may be legally taken. Fair market value must be given to owner

Sixth Amendment Accused right to hear the charges Right to a jury trial Right to a speedy and public trial Have a lawyer (paid, if necessary) Question witnesses (cross-examine)

Eighth Amendment Reasonable bail. Bail is a sum of money the accused pledges to forfeit if he or she does not appear for trial. People should not be punished unless convicted. Forbids cruel and unusual punishment

Additional Protections The Second 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.

Third Amendment Ban on quartering soldiers in homes

Seventh Amendment Civil Cases – lawsuits with right to a jury Separate roles for judges and juries Judge presides and refs for legal matters Jury hears evidence and testimony and determines guilty or not guilty

Ninth Amendment Rights not spelled out in Constitution are retained by the people

Tenth Amendment Limits government to authority ONLY specified within the Constitution

Lesson 2 Review pg. 139 1. How is a search warrant related to probable cause? Without probable cause, a law enforcement officer cannot obtain a search warrant from a judge.

2. How does due process limit eminent domain? The government cannot take away your property under eminent domain without following established legal procedure, or due process.

3. Reviewing What are the rights of the accused found in the Bill of Rights? The accused is protected against unreasonable searches and seizures, must be indicted by a grand jury in felony cases, cannot be tried twice for the same crime, cannot be forced to testify against himself or herself, is entitled to due process, has the right to know what crimes he or she is accused of, has the right to a speedy and public trial by jury, has the right to confront the accuser, has the right to a lawyer, and has the right to call witnesses.

4. Identifying What protections do the Second, Third, Seventh, Ninth, and Tenth Amendments offer?

The Second Amendment lets the government regulate, but not prevent, gun ownership. The Third Amendment protects people from having to house soldiers. The Seventh Amendment provides for juries in civil cases. The Ninth Amendment makes it clear that citizens have rights beyond those listed in the Constitution that cannot be taken away. The Tenth Amendment limits the power of the national government.

What is the federal government trying to prevent by requiring Justice Department approval of court ordered requests for information?