Section 5: Knowing Your Rights

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Presentation transcript:

Section 5: Knowing Your Rights UNIT 1 – INTRO TO LAW Section 5: Knowing Your Rights

Amendments That Protect Your Rights 4th Amendment Search and Seizure; Search Warrants 5th Amendment Rights of Accused Persons Right to remain silent Right to an attorney 6th Amendment Right to a speedy trial 7th Amendment Right to a trial by jury 8th Amendment Bail, Fines, and Punishments Cruel and unusual punishment Excessive bail

Miranda Rights You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights I have just read to you?

Interactions with Police “10 Rules for Dealing with Police” By: Flex Your Rights http://www.youtube.com/watch?v=gmrbNLt7Om8&list =PL90800C3C823A9730

Making an Arrest Arrest Warrant Probable Cause Reasonable Suspicion Court order commanding that the person named in it be taken into custody Probable Cause Reasonable Suspicion Stop and Frisk Limited pat-down of a person’s outer clothing Remove any weapons the person might be carrying

Search and Seizure Search warrant Affidavit Consent Plain view A court ordered search of a person or place Affidavit A sworn statement of facts and circumstances that provides the probable cause to believe that a search is justified. Consent Plain view Hot pursuit Vehicle searches Emergency situations Border and airport

Public School Searches The 4th amendment only protects citizens from unreasonable searches and seizures. U.S. Supreme Court has granted school authorities broad discretion to search students and their possessions in several situations Courts allow schools to search student lockers and use drug-sniffing dogs

Interrogations and Confessions Standard police practice to interrogate(ask questions) after an arrest is made Usually admissions/confessions are made during interrogations and will be used during trial.

Self-Incrimination Suspect has the right to remain silent and cannot be forced to testify against himself/herself Basic legal principle The government bears the burden of proof. Suspects are not obliged to help the government prove they committed a crime or to testify at their own trial. Using physical force, torture, threats, or other techniques that could force an innocent person to confess is prohibited