Unit 2 – U.S. Constitution

1. Unit 2 – U.S. Constitution Section 2.1 – History of the U.S. Constitution Section 2.2 – Basic Principles of the Constitution Section 2.3 – The Bill of Rights Section 2.4 – Due Process and Equal Protection

2. Section 2.3 – The Bill of Rights Objective: Students will be able to list and explain the basic rights guaranteed under the First, Fourth, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendments

3. Section 2.3 – The Bill of Rights The Fourth Amendment, Part I

4. Section 2.3 – The Bill of Rights “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated …” Amendment 4

5. Section 2.3 – The Bill of Rights • The Fourth Amendment protects the people from unreasonable searches and/or seizures by the govt. Does the govt. have the right to search and/or seize? Yes, but they must do so reasonably

6. Section 2.3 – The Bill of Rights Balancing Test

7. Section 2.3 – The Bill of Rights To satisfy the “reasonableness” requirement of the Fourth Amendment: Generally, the govt. must have either a search warrant or an arrest warrant If no warrant then must be exception for search/seizure to be valid

8. Section 2.3 – The Bill of Rights An arrest is considered a “seizure” under the Fourth Amendment Therefore the govt. must have either a warrant or probable cause (at the time) to make a valid arrest

9. Section 2.3 – The Bill of Rights A warrant is a court order, signed by a judge, setting forth the probable cause for the search/seizure Probable cause is defined as a reasonable belief supported by some evidence that this person has probably committed a crime

10. Section 2.3 – The Bill of Rights A warrant must state with specificity the physical location of the person/places to be searched and the items/persons to be found A warrant is good for a specified period of time and generally must be served during daylight hours

11. Section 2.3 – The Bill of Rights Evidence seized in violation of the Fourth Amendment cannot be used at trial against the person from whom it was seized This is called the Exclusionary Rule

12. Section 2.3 – The Bill of Rights Exclusionary Rule Mapp v. Ohio (1961) – extended the exclusionary rule to apply in state court as well as federal court Is the exclusionary rule a legal “loophole?”

13. Section 2.3 – The Bill of Rights Exclusionary Rule “Good Faith” exception to the Exclusionary Rule: if the police act in reasonable reliance on a search warrant that is later found to be invalid (no fault of their own), the exclusionary rule will not bar E seized under that warrant

14. Section 2.3 – The Bill of Rights The Fourth Amendment, Part II

15. Section 2.3 – The Bill of Rights Exceptions to the warrant requirement: • Search incident to lawful arrest • Stop and frisk • Consent • Plain view

16. Section 2.3 – The Bill of Rights Exceptions to the warrant requirement: 5. Hot pursuit 6. Vehicle searches 7. Emergency situations 8. Border and Airport searches

17. Section 2.3 – The Bill of Rights Searches in Public School New Jersey v. TLO (1985) A school authority needs reasonable suspicion that a search will uncover evidence that the student is violating either school rules or the law

18. Section 2.3 – The Bill of Rights Problem 12.4 (p. 141) Using your knowledge of Fourth Amendment law, respond in your notes to a,b,c,e,f