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Thinker The first ten amendments are also known as:

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1 Thinker The first ten amendments are also known as:
How many amendments are currently in the constitution?

2 Warm Up: Is this Constitutional. Yes or no
Warm Up: Is this Constitutional? Yes or no? Give a reason for or against. At the airport, your luggage is searched. A bottle of shampoo is taken by the TSA agent. Is this constitutional? Another student tells the police you stole a television from his house. He says it is in your bedroom. Can the police search your bedroom? Your older brother is stopped for speeding. The officer sees a plastic bag with white powder. Can she search the car? The principal heard that some students are being cyberbullied. She seizes your phone and reads your texts. Is this constitutional? The police have evidence suggesting drug sales at your house. They stake out your house watching people come and go. They use binoculars to read the documents you are meeting about. Is this a constitutional search?

3 Fourth Amendment

4 Fourth Amendment The right of the people to be secure in their persons, houses, 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 does the Fourth Amendment protect? P--r----, H-u---, P-p---s, and E--e--s

5 4th Amendment Rights Protects against unreasonable searches and seizures and requires search warrants. The police generally need a search warrant to search your home. This warrant must be properly obtained from a judge and must specify what is to be searched judge can issue only if there is probable cause

6 Exceptions Probable cause- reasonable suspicion of crime
Reasonable suspicion- specific facts support the inference of suspicion (Terry v. Ohio) Plain view- see something criminal/ illegal Hot pursuit- chasing a suspect, can arrest on private property without warrant Good faith- - sincerity of intention Consent- you allow the search

7 Exclusionary Rule Evidence illegally obtained by an illegal search is excluded in trial. Can use the evidence if can prove evidence would have eventually been discovered by legal means.

8 Automobiles If a car is stopped lawfully, on the basis of probable cause or reasonable suspicion: No warrant is needed to search anything in that vehicle That “anything” includes passengers and their belongings (containers, suitcases, etc.).

9 Consential Encounters
No justification needed Ability to exit encounter Police can ask questions, you don’t have to answer

10 Arrest Arrest – seizure of a person (the area w/in which the suspect might gain possession of a weapon or destructible evidence.) What can the police search, incident to a lawful arrest? The individual being arrested Things in plain view Things or places under the immediate control of the individual

11 High Schools and Search and Seizure
In schools the 4th Amendment is limited. New Jersey v. TLO 1985 school officials do not need warrants or probable cause to search students or their property. Reasonable suspicion that a student has broken school rules. Students in competitive school athletics can be required to have a drug test.

12 Write out questions and answer or write complete sentences.
Summary Write out questions and answer or write complete sentences. 1. Explain the Exclusionary Rule. 2. What rights are guaranteed under the 4th Amendment? 3. Discuss the limits of the 4th Amendment in schools. 4. Explain the difference in conducting a search in a car and searching a house?


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