1. How Do the 4th and 5th Amendment Protect against unreasonable law enforcement procedures?
Lesson 31

2. What is the purpose of the 4th Amendment?
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What is the purpose of the 4th Amendment?
The Supreme Court has held that warrants are never required in certain circumstances – schools. Schools are “guardians” of the students…not law enforcement officers.
When are searches reasonable?
*Specific facts together with rational inferences from those facts justified the intrusion.
*The search was reasonably related in scope to the circumstances justifying it.
Safety and health are primary considerations used for determining whether a search is a reasonable…
*Random drug testing of public and transportation employees and students who participate in extracurricular activities in public schools
Searches of homes of people on probation

3. Some witnesses are given immunity.
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What is the purpose of the 5th Amendment provision against self-incrimination?
Self-incrimination: testifying in court of law, where the things you say my incriminate or implicate you in a crime.
Some witnesses are given immunity.
The burden of proof belongs to the government. It does not belong to the defendant. They should not be forced to reveal incriminating facts.

4. Protection from self incrimination applies to any public proceeding
* Protection from self incrimination applies to any public proceeding. * 1950’s House Committee on Un-American Activities asked for information about links to the Communist Party. * Some people pleaded “the fifth” * Unless someone has a special privilege such as a doctor– they cannot avoid testifying to incriminate another person.

5. Miranda Rule
Police cannot violate the Miranda Rule.
*Comes out of Miranda v. Arizona
1. Right to remain silent
2. Anything they say can and will be used in a court of law.
3. Right to an attorney
4. If an attorney cannot be afforded, one will be provided for them.
5. Can end police questioning at any time
Some argue that Miranda interferes with the state process of fighting crime/police power
1968Congress attempted to overturn the decision by passing a statue that said voluntary confessions were admissible at trial. However, 2000 Supreme Court ruled it was a Constitutional decision and could not be over ruled by an act of Congress.