Lesson 33


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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. 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>
  8. 8. 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>