Due Process Station Activity

1. Can the police use this evidence against Joe? Explain. The police have a warrant to look in Joe’s garage for a stolen car. The car is not there, but they look in a tool box and find jewelry that matches description of jewelry stolen in a recent robbery. No – stolen car cannot fit into a tool box and could not have been hidden in the tool box

2. Can the police use this evidence against Joe? Explain. A proper search warrant is obtained to search Joe Dumb’s house for narcotics. While looking in a drawer in the kitchen the police find stolen jewelry. Yes – reasonable place for narcotics (drugs) to be hidden

3. Can the police officer arrest the man? Explain. Officer Smith, a policeman, is walking past Mrs. Jones’s store when she rushes out screaming “Help! Police!” She tells him that she had been robbed by a bandit who had a gun and took her cash register with him. She describes the man. Smith looks up and sees a man answering that description running and carrying a cash register. Yes – reasonable. Hot pursuit-crime taking place.

4. Does the drug testing policy violate the student’s right against unreasonable search and seizure? Explain. A school district authorized random drug testing of all students who wished to play on athletic teams. Written consent to testing was required from both parents and students before they were allowed participate in the athletic program. A boy and his parents refused to consent and he was not allowed to be on the football team. No violation – school may exert supervision over students that would not be allowed over adults

5. Can Nathan write his book without fear of being tried again for murder? Explain. Nathan Nasty is tried for murdering his wife. The jury renders a verdict of not guilty. Once the verdict is given, Nasty writes a book about how he did it. Yes – not allowed to be tried again – double jeopardy

6. Can the fingerprints be used as evidence? Explain. A suspect was arrested without probable cause and taken to the police station and fingerprinted. The fingerprints matched those found at the scene of a rape. No –b/c arrest without probable cause

7. Did the police officer have the authority to tell him to stand up? Explain. A car was stopped for speeding. The policeman noticed that a passenger seemed extremely nervous. He told the passenger to get out of the car. When he did so, a bag of cocaine fell out of his lap. He claimed that the arrest was illegal because the policeman had no authority to order him to stand up, thus to allow the cocaine to become visible. Yes – prevent danger Reasonable suspicion for speeding. Evidence in plain view does not need a warrant

8. If more than one person is murdered in a shooting spree, can they give the murderer separate trials for each murder? Explain.. Yes – no violation of double jeopardy