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Lesson 33 Danny S, Lauren B, Linnea H, Curtis B, James D
What is the purpose of the Fourth Amendment? <ul><li>Originally limited only the powers of the federal government, it has ...
What is the purpose of the Fourth Amendment?  (cont.) <ul><li>If a judge a judge or magistrate agrees there is probable ca...
What is the history of the Fourth Amendment? <ul><li>English common law protected the right to privacy by prohibiting judg...
What is the history of the Fourth Amendment? <ul><li>In 1662 Parliament passed a law that permitted general warrants calle...
What is the significance of the exclusionary rule? <ul><li>Most often used to exclude evidence attained from illegal searc...
Controversies with the 4 th   <ul><li>When are warrants not required? </li></ul><ul><ul><li>When police are at the scene o...
Means of enforcing the 4 th   <ul><li>Law enforcement officers have the power to  </li></ul><ul><ul><li>Stop and question ...
Means of enforcing the 4 th   <ul><li>These powers are easily open to abuse so we have policies that are being used to che...
What is the purpose of the Fifth Amendment provision against self-incrimination? <ul><li>The right against self-incriminat...
Critical Thinking Exercise <ul><li>Compare the 1791 case and the 1991 case and discuss the following questions… </li></ul>...
What happened to Dillon and Fulminante? <ul><li>Fulminante got off with a misdemeanor </li></ul><ul><ul><li>Misdemeanor - ...
How have Protections against self-incrimination developed? <ul><li>There were now issues including the right against self-...
Case of Tom Alvin <ul><li>Suspected of being an armed and dangerous drug dealer </li></ul><ul><li>Entrance to narrow apart...
Caller ID <ul><li>Lobbyists are trying to ban the caller ID because it shows the number of the caller </li></ul><ul><li>Sh...
Lucy Briggs <ul><li>Flight attendent fired for positive drug test  </li></ul><ul><li>Showed up to work under the influence...
Murder victom seized <ul><li>Police seized a murder suspect without reading him his rights because he would wash his hands...
government <ul><li>Student filed papers to get a government scholarship.  Confidential  personal info was then used in a g...
Personal rights <ul><li>The right against self incrimination exists to protect individual rights and privacy. </li></ul><u...
Vocb <ul><li>Contempt of court  – Willful disobedience of a judge’s command or of an official court order. </li></ul><ul><...
Vocb <ul><li>Right to privacy  – The right to be free from intrusion into one’s private life by government officials. </li...
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Lesson 33

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Transcript of "Lesson 33"

  1. 1. Lesson 33 Danny S, Lauren B, Linnea H, Curtis B, James D
  2. 2. What is the purpose of the Fourth Amendment? <ul><li>Originally limited only the powers of the federal government, it has been applied to state and local government by its incorporation into the 4 th Amendment </li></ul><ul><li>4 th Amendment does not specifically state that it protects the right to privacy. </li></ul><ul><li>The 4 th Amendment prohibits law enforcement officers from searching or seizing people or their property unless there is probable cause – a good reason for suspecting a person of breaking a law. </li></ul>
  3. 3. What is the purpose of the Fourth Amendment? (cont.) <ul><li>If a judge a judge or magistrate agrees there is probable cause to suspect a violation of law, the law enforcement officers is given a warrant – a written document giving permission for a search and seizure. </li></ul><ul><li>The 4 th Amendment has been interpreted to allow search and seizures without a warrant under certain circumstances. </li></ul><ul><li>Warrants must specifically describe the place and person or thing to be searched and seized. </li></ul>
  4. 4. What is the history of the Fourth Amendment? <ul><li>English common law protected the right to privacy by prohibiting judges from giving law enforcement officials general warrant – that did not describe in detail the places and the person or thing to be searched or seized. </li></ul><ul><li>General Warrants have been referred to as open-ended “hunting licenses” authorizing government officials to search people, their businesses , homes, and property indiscriminately. </li></ul>
  5. 5. What is the history of the Fourth Amendment? <ul><li>In 1662 Parliament passed a law that permitted general warrants called writs of assistance. </li></ul><ul><ul><li>the writs gave government officials the power to search for goods that had entered the country in violation </li></ul></ul><ul><li>Today every constitution contains a clause similar to the 4 th Amendment </li></ul>
  6. 6. What is the significance of the exclusionary rule? <ul><li>Most often used to exclude evidence attained from illegal searches and seizures. </li></ul><ul><li>Excludes evidence gathered in violation of the 5 th amendment and 6 th amendment. </li></ul><ul><li>Created to discourage law enforcement officers from breaking the law. </li></ul><ul><li>In 1961, Supreme court applied it to prosecutions at the state level in the case, Mapp v. Ohio. </li></ul>
  7. 7. Controversies with the 4 th <ul><li>When are warrants not required? </li></ul><ul><ul><li>When police are at the scene of a crime, robbery, or any type of emergency </li></ul></ul><ul><ul><li>Suspects my injury someone or flee </li></ul></ul><ul><li>What is probable cause? </li></ul><ul><ul><li>When a police officer arrests someone w/o a warrant they have to convince a judge there was probable cause </li></ul></ul><ul><ul><li>Evidence that justifies what the officer did </li></ul></ul>
  8. 8. Means of enforcing the 4 th <ul><li>Law enforcement officers have the power to </li></ul><ul><ul><li>Stop and question us </li></ul></ul><ul><ul><li>Use force, if necessary, to restrain us </li></ul></ul><ul><ul><li>Search our person, home, property, cars, and garbage cans </li></ul></ul><ul><ul><li>Arrest us and put us in jail </li></ul></ul><ul><ul><li>Question us while we are in jail </li></ul></ul>
  9. 9. Means of enforcing the 4 th <ul><li>These powers are easily open to abuse so we have policies that are being used to check the abuse of power by police officers </li></ul><ul><ul><li>Departmental Discipline </li></ul></ul><ul><ul><ul><li>Board of officers responsible for investigating crimes where an officer has violated due process of law </li></ul></ul></ul><ul><ul><li>Civilian Review Boards </li></ul></ul><ul><ul><ul><li>Similar to department discipline, a local government appointed board, gives officer convicted a fair hearing </li></ul></ul></ul><ul><ul><li>Civil Suits </li></ul></ul><ul><ul><ul><li>Civilians who think their rights have been violated by officers have the right to sue individual officers and agency for damages in civil court </li></ul></ul></ul><ul><ul><li>Exclusionary Rule </li></ul></ul><ul><ul><ul><li>Any evidence contained illegally will not be used as evidence </li></ul></ul></ul>
  10. 10. What is the purpose of the Fifth Amendment provision against self-incrimination? <ul><li>The right against self-incrimination is a protection of both the innocent and the guilty alike from the potential abuse of Government power. </li></ul><ul><li>The 5 th amendments primary purpose is to prohibit the government from threatening, mistreating ,or even torturing people to gain evidence against them or their associates. </li></ul><ul><li>The most common provision is refusing to testify by “taking the fifth.” </li></ul><ul><li>The clause of the fifth amendment protects persons accused of crimes, and witnesses from being forced to incriminate themselves. </li></ul>
  11. 11. Critical Thinking Exercise <ul><li>Compare the 1791 case and the 1991 case and discuss the following questions… </li></ul><ul><li>1. In what ways are the two cases similar or dissimilar? </li></ul><ul><li>2. What values and interests are involved in each case? </li></ul><ul><li>3. Under what conditions, if any, should the right against self-incrimination be applied and limited? Explain. </li></ul>
  12. 12. What happened to Dillon and Fulminante? <ul><li>Fulminante got off with a misdemeanor </li></ul><ul><ul><li>Misdemeanor - a less serious crime </li></ul></ul><ul><li>In 1991 the supreme court went back to review the case </li></ul><ul><ul><li>the threat of physical violence was legitiment </li></ul></ul><ul><ul><ul><li>Without a confession, prosecution did not have a chance </li></ul></ul></ul>
  13. 13. How have Protections against self-incrimination developed? <ul><li>There were now issues including the right against self-incrimination. </li></ul><ul><ul><li>Police could question when ever and who ever </li></ul></ul><ul><ul><ul><li>Now people had to confess or give evidence on their behalf </li></ul></ul></ul><ul><li>The supreme court ruled in the Miranda V. Arizona case that all law enforcement officers had to read the criminals their rights. </li></ul><ul><ul><li>“ you have the right to remain silent, anything you say can and will be used against you in the court of law, you have the right to an attorney.” </li></ul></ul>
  14. 14. Case of Tom Alvin <ul><li>Suspected of being an armed and dangerous drug dealer </li></ul><ul><li>Entrance to narrow apartment guarded by a dog </li></ul><ul><li>Police went in through window and made a large drug bust </li></ul><ul><li>Police deemed that they had probable cause and decided to take a less lethal entrance pattern </li></ul>
  15. 15. Caller ID <ul><li>Lobbyists are trying to ban the caller ID because it shows the number of the caller </li></ul><ul><li>Should only show the name not number. </li></ul>
  16. 16. Lucy Briggs <ul><li>Flight attendent fired for positive drug test </li></ul><ul><li>Showed up to work under the influence and agreed to the test </li></ul><ul><li>She has no case </li></ul>
  17. 17. Murder victom seized <ul><li>Police seized a murder suspect without reading him his rights because he would wash his hands and ruin evidence </li></ul><ul><li>They violated his rights and he was free to go </li></ul><ul><li>They claimed they had no time for a warrent </li></ul>
  18. 18. government <ul><li>Student filed papers to get a government scholarship. Confidential personal info was then used in a government survey without permission </li></ul><ul><li>All government works the same so it doesn’t matter. </li></ul>
  19. 19. Personal rights <ul><li>The right against self incrimination exists to protect individual rights and privacy. </li></ul><ul><li>Witnesses and defendants can choose not to answer a question if it incriminates them. </li></ul>
  20. 20. Vocb <ul><li>Contempt of court – Willful disobedience of a judge’s command or of an official court order. </li></ul><ul><li>Exclusionary rule – The rule, established by the Supreme Court, that evidence unconstitutionally gathered by law enforcement officers may not be used against a defendant in a trial. </li></ul><ul><li>Immunity - In legal terms, exemption from prosecution. </li></ul><ul><li>Misdemeanor – a minor criminal offense. </li></ul><ul><li>Probable Cause – Reasonable grounds for presuming guilt in someone accused of a crime. Required in cases in which a law enforcement officer needs to conduct a search or seizure and cannot, for practical purposes obtain a search warrant. </li></ul><ul><li>Right against self-incrimination – Guaranteed by the Fifth Amendment, the constitutional right to refuse to give testimony that could subject oneself in criminal prosecution. </li></ul>
  21. 21. Vocb <ul><li>Right to privacy – The right to be free from intrusion into one’s private life by government officials. </li></ul><ul><li>Warrant – An order by a judge authorizing a police officer to make an arrest or search, or to perform some other designated act. </li></ul><ul><li>Right against self-incrimination – Guaranteed by the Fifth Amendment, the constitutional right to refuse to give testimony that could subject oneself in criminal prosecution. </li></ul><ul><li>Right to privacy – The right to be free from intrusion into one’s private life by government officials. </li></ul><ul><li>Warrant – An order by a judge authorizing a police officer to make an arrest or search, or to perform some other designated act. </li></ul>
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