UNIT 5 AMERICAN GOVERNMENT

LESSON PAGES How do the 4 th and 5 th Amendments protect against unreasonable law enforcement procedures? Objective: Explain the purpose and history of the Fourth Amendment and issues raised by its interpretation. Explain the importance of the Fifth Amendment provision against self-incrimination.

What is the history of the Fourth Amendment? British history: “a man’s home is his castle” – right to privacy– Magna Carta. No general warrants can be issued (writ of assistance) Warrants grant search a seizure. British did abuse general warrants against the colonists.

What is the purpose and importance of the 4 th Amendment? 1. Prohibits general warrants. 2. Requires applications for warrants be supported by probable cause. 3. requires a judge, not the official who will serve the warrant, to decide if probable cause exists. 4. Requires applications for warrants to “particularly” describe the “place to be searched, and the persons or things to be seized.”

What is the purpose and importance of the 4 th Amendment? Also and important component of the right to freedom of conscience, thought, religion, expression and property. The rapid growth of technology makes concerns about privacy particularly acute today.

What issues arise in interpreting and apply the 4 th Amendment? Society’s need for order and safety versus an individual’s rights to autonomy and privacy. 4 th Amendment raises 3 important questions: 1. When is a warrant required? 2. What is probable cause and when is it required? 3. How should the 4 th Amendment be enforced?

When is an warrant required? - before officials can search, arrest, or seize evidence. -officials must submit an affidavit, or sworn statement, to a judge. -probable cause- there’s enough evidence for a reasonable person to believe that it is likely that an illegal act is being or has been committed.

When is an warrant required? There are times when officers of the law cannot wait for a warrant. Scene of a violent crime. Robbery in progress.

When is a warrant not required? Boarding a vessel to inspect documentation. Person consents to being searched. Person consents to being arrested. Person consents to having their property seized.

How does the exclusionary rule enforce the fourth amendment warrant requirement? What should be done if an officer violates the warrant or probable cause requirement? Weeks v. United States (1914)- National government could not introduce papers as evidence that the officer has received without a warrant. Exclusionary Rule- preventing the gov’t from using illegally obtained evidence at a trial. (this discourages officers from breaching the law) Mapp v. Ohio (1961)- extended the exclusionary rule to state courts.

What are some alternatives to the exclusionary rule. Departmental discipline Civilian review boards Civil Suits

When are warrants and probable cause not required? Unsuited to school environments because school officials are guardians not police. Schools must be “reasonable”. Consideration of safety and health Random drug testing of public and transportation employees and students who participate in extracurricular activities in public school Searches of homes of people who are on probation.

What is the purpose of the 5 th Amendment provision against self-incrimination? Criminal defendant cannot be forced to take the stand to testify at trial. BUT if they do take the stand they must answer every question asked. Anyone else who testifies cannot be forced to answer any questions that implicate them unless offered “use immunity”. In an adversary system of justice, the government carries the burden of proof, not the defendant.

What is the purpose of the 5 th Amendment provision against self-incrimination? You can choose to not incriminate yourself, but you cannot refuse to testify against someone else. What is the Miranda Rule? Miranda v. Arizona (1966) After a person acknowledges that they understand their rights, they CAN make statements.

FINISHING UP! Reflect Work on projects!