Exclusionary Rule

1. Date: April 11, 2013Topic: Civil Liberties of the 4th and 5th Amendment.Aim: How have the 4th and 5th amendments been applied to the accused? Do Now: How did primary elections and the 17th Amendment move the United States toward a more democratic system?

2. Exclusionary Rule – improperly gathered evidence cannot be used in a criminal trial – Supreme Court Weeks v United States (1914). • How does this protect the accused? • 4th Amendment – Answer the following in your notebook. • What does the 4th amendment state? • What does this protect? • How can potential issues arise from the interpretation of this amendment? Exclusionary Rule

3. 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. 4TH Amendment

4. Mapp v. Ohio (1961)– incorporated the 4th amendment. • Quick Review – How are these amendments incorporated? • Evidence illegally gathered by the police cannot be used in a criminal trial. • How did Mapp strengthen the exclusionary rule? 4th Amendment Case DollreeMapp – no drugs just obscene material.

5. Search Warrant – a judge’s order authorizing a search. • Probable Cause – reasonable cause for issuing a search warrant or making an arrest. • How does this apply to schools? • New Jersey v. TLO (1985) – the school administrator can perform the search because it was reasonable to believe the cigarettes in this case were in the purse. When is it not unreasonable? VIDEO 918

6. What specific clause of the 5th amendment are we looking at? • Miranda v. Arizona (1966) – police are required to clearly notify a suspect of their rights including being silent (self-incrimination) and a right to an attorney. • Gideon v. Wainwright (1963) – right to an attorney at trial. • Escobedo v. Illinois (1964) – right to an attorney during police interrogations. 5TH Amendment

7. Cabinet secretaries advise the President There are 15 cabinet departments today Cabinet not specifically included in constitution Cabinet based upon tradition and secretaries serve at the pleasure of the President Only Congress can create executive departments Secretaries appointed by President & confirmed by the Senate Cabinet REVIEW FUN TIME The President’s Cabinet: Important Facts

8. Executive Office of the President • Every day, the President of the United States is faced with scores of decisions, each with important consequences for America’s future. To provide the President with the support that he or she needs to govern effectively, the Executive Office of the President (EOP) was created in 1939 by President Franklin D. Roosevelt. The EOP has responsibility for tasks ranging from communicating the President’s message to the American people to promoting our trade interests abroad. • Overseen by the White House Chief of Staff, the EOP has traditionally been home to many of the President’s closest advisors. • The following entities exist within the Executive Office of the President: • Council of Economic Advisers • Council on Environmental Quality • Executive Residence • National Security Staff • Office of Administration • Office of Management and Budget • Office of National Drug Control Policy • Office of Science and Technology Policy • Office of the United States Trade Representative • Office of the Vice President • White House Office