1. Critical Thinking Question
In what cases should the police have the right to search a person’s private property and to what extent should a person’s private property be respected?

2. The Rights of the Accused
Unit 6

3. 4th Amendment
“The right of people to be secure in the persons, houses, papers, and effects, against unreasonable searches and seizures”
Payton v. New York
Except in life threatening emergency, forbids police from searching home without a warrant
Florida v. JL
Anonymous tips are not sufficient evidence to justify a search

4. Yea or Nea
Should the police be able to search your trashcans without your permission?

5. Special Situations California v. Greenwood Whren v US
Police are allowed to search your trashcans without a warrant
Whren v US
Seizure of drugs made when stopping a vehicle for minor traffic violation does not violate the 4th amendment

6. Critical Thinking Question
If police obtain evidence illegally, as long as that evidence is still truth bearing evidence (not forged or false evidence) should that evidence be able to be used in a court of law?

7. Exclusionary Rule Weeks v. United States US v. Leon Nix v. Williams
Any illegally obtained evidence cannot be used in court
Improper searches or seizures
Police mistakes in collecting evidence
US v. Leon
As long as the police act in good faith, the evidence they collect may be used
Nix v. Williams
Evidence obtained in violation of someone’s rights may be used IF the prosecutor can prove that the evidence would have been discovered legally anyways.

8. Yea or Nay
What sort of reasons should govern school districts when determining whether to search a students’ possessions?
Immediate Safety is threatened
Suspicious that the immediate safety of others is threatened
The belief that something illegal or against school rules could be found if a search was done?

9. 4th Amendment in High School
New Jersey v. T.L.O.
All school officials need is reasonable grounds to believe that a search will uncover evidence that a student has broken school rules.
Vernonia School District v. Acton
Court allowed and upheld Vernonia’s mandatory suspicionless drug tests for all students participating in interscholastic athletics

10. Yea or Nay The following wiretapping scenarios . . .
Local Police Officers can wiretap your phones to investigate their suspicions
Federal agencies can wiretap your phones
Homeland security can wiretap your phones
People with warrants can wiretap your phones

11. Wiretapping and Electronic Eavesdropping
Katz v. US
Forbid police from wiretapping without a warrant
Omnibus Crime Control and Safe Streets Act of 1968
Made it illegal for any Federal agency to tap phone lines without a warrant
Patriot Act
Allowed for federal agencies to tap phone lines without a warrant, where terrorism is a suspicion

12. Yea or Nay
You have a right to a lawyer if you cannot afford one. How much money is “enough to afford one?”
8,000 per year
15,000 per year
25,000 per year
50,000 per year

13. Guarantee of Counsel Gideon v. Wainwright
Whenever a jail sentence of 6 months or more is possible – the accused has a right to a lawyer at the public expense from time of arrest through the appeals process.

14. Self-incrimination 5th Amendment Escobedo v. Illinois
“No one shall be compelled in any criminal case to be a witness against himself”
Escobedo v. Illinois
Confessions or other incriminating statements made by someone denied a lawyer cannot be used
Miranda v. Arizona
A person must be read their rights before they are arrested. Otherwise their statements cannot be used.

15. Double Jeopardy 5th Amendment protection US v. Harper
Person may not be tried twice for the same crime.
US v. Harper
Civil penalty could not be imposed after a criminal penalty

16. Yea or Nay
The 8th Amendment protects the people from “Cruel and Unusual Punishment.” Should the death penalty be considered “Cruel and Unusual?”

17. Cruel and Unusual Punishment
8th Amendment
Forbids cruel and unusual punishment
Furman v. Georgia
Death penalty, as then administered, was unconstitutional
Woodson v. North Carolina
Ruled that mandatory death penalty was unconstitutional
Gregg v. Georgia
Death penalty alone was not “cruel and unusual” punishment