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Enforcement of Fourth Amendment Protections Is a man’s home his castle? What about your locker?.
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Enforcement of Fourth Amendment ProtectionsIs a man’s home his castle? What about your locker? The students will use prior knowledge, presented information, and researched information to analyze what constitutes an “unreasonable search” and express their evaluation of when and where citizens can have an expectation of privacy including within the public school setting.
Mind Mapping “It is a measure of the framers’ fear that a passing majority might find it expedient to compromise Fourth Amendment values that these values were embodied in the Constitution itself.” Supreme Court Justice Sandra Day O’Connor, 1987 Read the quotation and put it in your own words. Consider the Background Essay that you read for homework and your own knowledge of current events. List any situation in which you think this quote might apply.
Amendment 4 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 things to be seized. United States Constitution
Vital Vocabulary • Secure • Unreasonable • Searches • Expectation of Privacy • Exigent Circumstance • Probable Cause • Exclusionary Rule
Who decides • Local Authorities • Consent of the citizen • Magistrate or Judge • Court of Appeals • Supreme Court
Rights of the Accused • What constitutional amendment keeps the police from making random searches? • Why did the founders create a situation in which two branches of government have to agree before a legal search can take place? • What is probable cause? • What is the exclusionary rule? • Why do some people object to the exclusionary rule?
Supreme Court Interpretations United States v. Katz (1967) Kyllo v. United States (2001) Skinner v. Railway Labor Executives (1989) New Jersey v. TLO (1985) Vernonia School District v. Acton (1995) Board of Education of Pottawatomie County v. Earls (2002)
Reasonable Expectation of Privacy • Trash you’ve placed in a garbage bag at the corner of your property • The contents of a closed container in your care that the police believe hold evidence. • Your pictures and information on a “My Space” or other blog. • Your conversation on a pay phone in a phone booth. • Your conversation on your land-line phone at home. • Your backpack that you left in the cafeteria. • Illegal drugs being grown on your land, discovered by an airplane fly-over. • Anything in your school locker. • You visit to a friend’s house where you are going to sell stolen electronic equipment. • Your baggage while you are riding on a Greyhound bus.
Think, Pair, Share Defend the Exclusionary Rule or propose an alternative method of protecting citizens’ Fourth Amendment rights
Summary The US Constitution is a social contract in which citizens give up some liberties in exchange for security from the government. Today we’ve discussed the way modern society has defined “reasonable expectation of privacy” in the light of public schools and digital interactions.
References The Bill of Rights and You, Rights and Responsibilities. (2006). Arlington VA: The Bill of Rights Institute.