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Homework : WAC Project – Wed.

FrontPage : How would you react to the following situation?. Mr. Brettschneider comes onto the PA system tomorrow morning and issues the following announcement:

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Homework : WAC Project – Wed.

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  1. FrontPage: How would you react to the following situation? Mr. Brettschneider comes onto the PA system tomorrow morning and issues the following announcement: “Due to the recent rise in acts of vandalism, physical violence and threats against students, the administration of Peters Township High School has decided to take the following steps. Using a sophisticated new technology, and with help from Verizon and AT&T, we have been able to retrieve transcripts of all phone conversations and text messages sent from phones within the school building and during school hours from the last 2 weeks. Along with all high school teachers, we will review the data we have collected, and will provide to parents any information regarding illegal, immoral or unethical behaviors. These include but are not limited to illegal drugs, profanity, and relationships between students. Additional steps, including random drug testing, may be taken in the future to ensure the safety of students. Thank you for your cooperation.” Homework: WAC Project – Wed.

  2. The Fourth Amendment Protection from Unreasonable Search and Seizure

  3. The 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.

  4. The Parts of the 4th Amendment • Provides protection from “unreasonable search and seizure” • What is required first in order to conduct a reasonable search? • What must this warrant include? • What do police need to show in order to get the warrant? • How would you define “probable cause”? • Why do you think this amendment was included in the Bill of Rights? • Is it still as important today? Why or why not?

  5. Break • http://www.youtube.com/watch?v=uCyKcoDaofg

  6. Consider this case…. Facts of the Case:  • Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. This was done without a search warrant. Weeks took action against the police and petitioned for the return of his private possessions. • Question for the Court: Did the search and seizure of Weeks' home violate the Fourth Amendment?

  7. Question… • What happens if officers conduct an “unreasonable” search (w/out probable cause or a warrant) and find something illegal?

  8. The “Exclusionary Rule” • “Exclusionary rule” - Evidence seized in an illegal search cannot be used in the case against an individual • Weeks vs. US (1914) – created the Exclusionary rule • Why does the Exclusionary rule exist? • What criticisms could be made of it?

  9. **Relaxing the Exclusionary Rule: • The Court has recognized several instances in which evidence found without probable cause or a search warrant can still be used in a court case… Exceptions • These exceptions include • Good faith, inevitability, and a few others.

  10. What about this case? • Bernie D. Herring goes to an Alabama police station to collect some things from his impounded truck in 2004. A cop recognizes him and calls around to see if there were any warrants for his arrest. • After he had left, police found out there were warrants for his arrest, so they pursued him, pulled him over, and during the course of the arrest, searched his vehicle. They found methamphetamines and a gun. • It was so0n discovered, however, that the warrants for arrest had been revoked, but the computer database had not been updated. Can this evidence, gained from a search that existed “without a warrant”, be used against Herring?

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