ADVANCED AMERICAN GOVERNMENT CH FREEDOM AND SECURITY OF THE PERSON

SLAVERY AND INVOLUNTARY SERVITUDE 13 th Amendment (1865) ended 200 years of slavery in the USA Before—each state could decide for itself whether to allow slavery THE XIIIth AMENDMENT: SECTION 1 INVOLUNTARY SERVITUDE—forced labor 1918—USSC upheld selective service as a “duty”, not involuntary servitude

THE XIIIth AMENDMENT: SECTION —USSC held that racial DISCRIMINATION (bias, unfairness) against African Americans did not qualify as making them slaves or keep them in servitude Most civil rights laws passed after the 13 th Amendment was ratified were repealed because they were too broad Civil Rights Act of 1866 survived Used to protect all identifiable groups such as Jews and Arabs

THE RIGHT TO KEEP AND BEAR ARMS “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.” – 2 nd Amendment Original purpose: to protect the right of each State to keep a militia & preserve the concept of the citizen-soldier Many current government officials and others believe that there is a individual right as well They say that it guarantees a right to keep and bear arms just like someone has the right to freedom of speech.

USSC has never accepted that interpretation of the 2 nd Amendment United States v. Miller (1939)—upheld a section of the National Firearms Act of It is a crime to ship sawed-off shotguns, machine guns, or silencers across State lines, unless the shipper had registered the weapons with the Treasury Department and paid a $200 license tax. USSC could not find a link between “sawed-off shotgun” and “well-regulated militia”

The 2 nd Amendment is not covered by the 14 th Amendment’s Due Process Clause States can limit the right to keep and bear arms themselves.

SECURITY OF HOME AND PERSON IIIrd AMENDMENT Forbids quartering of soldiers in private homes in peacetime without the owner’s consent and not in wartime but “in a manner to be prescribed by law.” IVth Amendment Prevented WRITS OF ASSISTANCE (blanket search warrants) (read text p. 571)

PROBABLE CAUSE A reasonable suspicion of crime Basic rule—Police officers have no general right to search for evidence or to seize either evidence or persons. Need a warrant issued by a judge obtained with probable cause Florida v. J. L. (2000) Miami police received a tip that a teenage was carrying a concealed weapon. Two officers went to the bus stop to find the young man

Police located the man, searched him, pulled a gun from his pocket, and arrested him USSC said the police acted illegally because they did not have a proper warrant. Police do not need a warrant in all situations if something is in “plain view.” Minnesota v. Carter (1999) Police spotted men bagging cocaine through an apartment window. The police entered, seized the cocaine, and arrested them USSC rejected the Carter’s 4 th Amendment claim

ARRESTS Arrests are seizure of a person and fall under the 4 th Amend. If a lawful arrest is made, no warrant is necessary. AUTOMOBILES USSC has ruled several times that no warrant is needed to search a automobile, boat, airplane, etc. because of the mobility of the object What about closed containers in the vehicle?

California v. Acevedo (1991) & Illinois v. Caballes (2005) Whenever police lawfully stop a car, they do not need a warrant to search anything in that vehicle that they have reason to believe holds evidence of a crime. “Anything” includes a passenger’s belongings THE EXCLUSIONARY RULE Evidence gained as a result of an illegal act by police cannot be used at trial of the person from who it was seized.

MAPP v. OHIO (1961) 14 th Amendment forbids illegal search and seizure by State and local officers just as the 4 th Amendment applies to federal officers Cleveland police went to the home of Dollree Mapp looking for gambling evidence. They entered her home forcibly without a warrant. An extensive search failed to turn up any gambling evidence but they did find obscene books. Mapp was convicted of possessing obscene materials and given jail time. The conviction was overturned.

CASES NARROWING THE RULE The Exclusionary Rule is controversial It says to police: “As you enforce the law, obey the law.” Police say: “Why should someone be able to beat the rap on a technicality even if they are clearly guilty?” (4 cases on p. 573) DRUG TESTING Federal drug testing involves searches of persons and is covered by the 4 th Amendment.

USSC has held that they can be conducted without either warrants or even any indication of drug use by those who must take them. Vermonia School District v. Acton (1995) USSC upheld a program that required all students who take part in school sports to agree to be tested for drugs Board of Education of Pottowatomie County v. Earls (2002) USSC upheld the random testing of students who want to participate in any competitive extracurricular activity.

WIRETAPPING Wiretapping, electronic eavesdropping, videotaping, etc. cause difficult search and seizure questions. Olmstead v. United States (1928) Federal officials had wiretapped a bootleggers telephone calls Recording led to the person being convicted USSC upheld conviction because there was no physical invasion of the person’s home and the phone line was tapped outside the home

Katz v. United States (1967) Katz was convicted of transmitting gambling information across state lines. He used a public phone booth in L.A. to call people in Boston and Miami Evidence was obtained from the electronic tap planted on the roof outside the phone booth USSC ruled that the evidence could not be used because the person is entitled to make a “private” call. Police could always get a legal warrant for a listening device and satisfy the 4 th Amendment. THE END