Bellwork What do you think… Define ethics/morals in your own words. Should animals be used for medical research? Why or why not? What ethical and legal issues do you think are involved in using animals in research? Did you know? In Illinois, animals can be sent to jail. A monkey served 5 days in a Chicago jail for shoplifting. Also, in South Bend, Indians, a monkey was convicted of the crime of smoking a cigarette and sentenced to pay a fine of $25 plus the cost of the trial.

Today’s Agenda Watch 2 videos on arrests Discuss whether or not you think the 4th Amendment was violated Watch 4 videos: How the Bill of Rights protects you. What to do if pulled over? What to do if officers come to your home? 4th Amendment summed up… Read 3 real cases on the 4th Amendment- find out what the judges ruled- what is your reaction??

Arrest & interrogation Know your rights.

ARREST & INTERROGATION Objectives: Know your rights when police have taken you into custody. Know how to invoke those rights when in police custody Know how to deal with police at your home. Know the right way to deal with a traffic stop

The following 2 videos… Are any of the Bill of Rights being violated? If so, what rights are being violated? Be prepared to discuss the two videos after each clip- they’re very short.

ARREST! “5-year-old arrested.” http://www.youtube.com/watch?v=r_Ig34hQQXo

What do you think? Did this incident/arrest violate the 4th Amendment? Unfortunately, or fortunately, which ever way you look at it, laws are interpreted in different ways. Right or wrong? That’s how it is, and why we have judges, and appeals, and juries of our peers.

ARREST! “Crazy girl gets arrested.” http://www.youtube.com/watch?v=9vQ5S-u9vnA

What do you think? Did this incident/arrest violate the 4th Amendment?

ARREST! So… what should we do during a traffic stop, or an officer comes to our home, and how do we invoke our rights?

“How To Video’s” How the Bill of Rights protects you How to deal with police at your door The right way to handle a police stop Next video: Disclaimer! Disclaimer! You will hear the S*** word and the F*** word very briefly. The video is very educational, though, and I think we can all handle ignoring these words.

INTERROGATION Elon James White explains what to do if you’re stopped by the police. http://www.youtube.com/watch?v=ti2-NjnalFU 32 to 1:18 is what we want to use.

INTERROGATION Your rights when in police custody: Right to remain silent. Right to know that anything you say can be used against you in court. Right to have an attorney present, even if you can’t afford one.

INTERROGATION When do these rights apply? Only apply in custody. As in, under arrest. Not when you’re voluntarily talking to police.

Invoke: (verb) to summon into action or to bring into existence INTERROGATION How do I invoke these rights? Like Elon said, you simply say, “I WANT AN ATTORNEY.” What happens if you invoke your rights? The police must leave you alone. Invoke: (verb) to summon into action or to bring into existence

REAL Supreme Court cases on the 4th Amendment We will now read a brief summary on 3 cases that dealt with the 4th Amendment What are your reactions? Fill out the tables/handout for each of the cases Discuss as a class

INTERROGATION Case studies. Break up into three groups. Read the problem. Pick characters. Discuss the questions. ACTION!

INTERROGATION Group One: The Traffic Stop

INTERROGATION Group One: The Traffic Stop. Did the driver have a right to an attorney? Why or why not? Did the driver “invoke” any such right?

INTERROGATION Answers: Berkemer v. McCarty (1984) No such right – not in custody. Did not invoke rights anyway. Berkemer v. McCarty (1984)

INTERROGATION Group Two: The (almost) Silent Person

INTERROGATION Group Two: The (Almost) Silent Prisoner Did he/she have a right to remain silent? Did he/she invoke that right? What could he/she have done to stop the questioning?

INTERROGATION Answers: Berghuis v. Thompkins (2010) No, the judge ruled he failed to invoke his rights by doing so “unambiguously”. Yes, he/she did not invoke the right to remain silent. You really have to be silent throughout, or just say, “I’m invoking my right to remain silent.”The judge ruled that Thompkins waved his Miranda right to remain silent when he “knowingly and voluntarily” said yes. Berghuis v. Thompkins (2010) “Zip it.” - Dr. Evil

INTERROGATION Group Three: The Ambiguous Request

INTERROGATION Group Three: The Ambiguous Request Did the suspect invoke his right to a lawyer? Can the suspect’s confession be used in trial?

INTERROGATION Answers: Davis v. United States (1994) No, the phrase “Maybe I should talk to a lawyer,” did not invoke and the detective didn’t have to clarify. Yes, because the request wasn’t clear enough, the confession can be used at trial. Instead, the person should have said “I want a lawyer.” Davis v. United States (1994)

INTERROGATION Summary People in police custody have the right to remain silent and to have a lawyer with them during questioning. But, a person must clearly invoke those rights. If a person is not in custody, it means he/she is free to leave (but ask first!).