The Bill of Rights, 2nd and 4th Amendments

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Presentation transcript:

The Bill of Rights, 2nd and 4th Amendments

The First Ten Amendments to the Constitution – The Bill of Rights 1st Amendment Religion, Speech, Press, Assembly, Petition 2nd Amendment To Bear Arms 3rd Amendment Quartering of Soldiers 4th Amendment Search and Arrest Warrants 5th Amendment Rights in Criminal Cases 6th Amendment Rights to a Fair Trial 7th Amendment Rights in Civil Cases 8th Amendment Bails, Fines, and Punishments 9th Amendment Rights Retained by the People 10th Amendment Powers Retained by the States and the People

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. The Federal Government and State Government can and do regulate the private ownership of firearms. http://www.youtube.com/watch?v=BDv1qFBJh1o What is the purpose of the Second Amendment?

The Fourth Amendment The right of the people to be secure in their persons, 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 is the purpose of the Fourth Amendment?

The 4th Amendment (Cont.) Probable cause - a reasonable suspicion of a crime. Do teachers or school employees need probable cause to search a student’s possessions? NO! Just reasonable suspicion. NYC Stop and Frisk http://www.youtube.com/watch?v=iW8ZXrps9ys

Quick Write In complete sentences, respond to the question: Is the NYPD tactic of Stop and Frisk in violation of the 4th Amendment?

The Exclusionary Rule The exclusionary rule is the main guarantee against unreasonable searches and seizures. The rule: Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized. This rule is meant to deter police misconduct. There are exceptions to the rule Inevitable discovery Good faith exception Honest mistakes exception Knock-and-announce rule