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