1. D UE P ROCESS

2. The government cannot deny you life, liberty, or property without due process … what is due process? No solid definition Due Process- the government must follow its own rules and act fairly Substantive Due Process- the substance of government policies Example- is it legal for the government to strip search you? (yes) Procedural Due Process- the procedures and methods of government action Example- Can the government strip search you on the side of the highway (no)

3. D UE P ROCESS E XAMPLE Rochin v California Man’s house was searched because they suspected him of dealing drugs and when police entered his room they saw two capsules on his nightstand. The man swallowed them… Police jumped on the man and took him to the hospital where his stomach was forcibly pumped. The capsules were found to contain morphine. He was tried and convicted for drug possession /use. The Supreme Court overturned the case and set the man free because they decided that the police officers violated due process by jumping on the man and forcing him to get his stomach pumped. How could the police officers have made their case instead?

4. D UE P ROCESS Due Process creates a “ right to privacy ” or right to be free from governmental intrusion Most Pro-Choice Legislation has used the right to privacy to back up cases and ideas Many people, while they don’t agree with abortions, are pro-choice because they feel that the decision to abort is a private one and should be made by the woman involved not the government Many also feel that if you let the government censor abortion that the censoring of birth control might be the next step.

5. P OLICE P OWER Police Power- power to promote the well being of the people Can be used to: Promote Health Ex- vaccines, alcohol, tobacco, pollution Promote Safety Ex- weapons, seat belts, drunk drivers Promote Morals Ex- gambling, prostitution, obscene materials Promote General Welfare Ex- education, public utilities

6. F REEDOM AND S ECURITY OF THE P ERSON 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.”

7. Balance between two competing interests: protecting privacy and catching criminals. 4 th Amendment applies whenever a person has a “reasonable expectation of privacy.” Key issue is often what govt. actions are “reasonable” and “unreasonable.” case-by-case basis. I SSUES I NVOLVED WITH THE 4 TH

8. A police officer “is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.” “Pat-downs” for hard objects are okay, BUT nothing else. W HAT ’ S REASONABLE ? T ERRY V. O HIO (1968)

9. S EARCHES AND S EIZURES 4 th Amendment Created to protect against writs of assistance or blanket search warrants Search Warrant- court order authorizing a search Police must also have probable cause In schools they only need reasonable suspicison What is “probable cause”? Evidence that a particular person was reasonably likely to have committed a particular offense. Somewhere between an officer’s “hunch” and absolute fact. Must be proved to an impartial judge. MANY exceptions to the 4 th.

10. http://www.flexyourrights.org/busted/movie_clips F LEX Y OUR R IGHTS !

11. Whenever a person consents to a search Borders checkpoints and airports Sobriety checkpoints BUT NOT drug checkpoints School athlete drug tests Evidence “in plain view” Hot Pursuit Movable Crime Scene Scene of Lawful Arrest School searches Emergency Situations P OLICE DON ’ T NEED A WARRANT FOR …

12. W HAT IF POLICE FIND EVIDENCE WITHOUT HAVING A LEGAL SEARCH WARRANT ? The Exclusionary Rule- evidence obtained by an illegal act of police cannot be used at trial Exceptions Nix v Williams- inevitable discovery United States v Leon- “good faith” searches Maryland v Garrison- honest mistakes

13. http://abcnews.go.com/GMA/SCOTUS/story?id=7 380771&page=1 W HERE DO YOU STAND ?