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Critical Thinking Question

In what cases should the police have the right to search a person’s private property and to what extent should a person’s private property be respected?

The Rights of the Accused
Unit 6

4th Amendment

“The right of people to be secure in the persons, houses, papers, and effects, against unreasonable searches and seizures” Payton v. New York

Except in life threatening emergency, forbids police from searching home without a warrant
Anonymous tips are not sufficient evidence to justify a search

Florida v. JL

Yea or Nea

Should the police be able to search your trashcans without your permission?

Special Situations

California v. Greenwood

Police are allowed to search your trashcans without a warrant
Seizure of drugs made when stopping a vehicle for minor traffic violation does not violate the 4th amendment

Whren v US

Critical Thinking Question

If police obtain evidence illegally, as long as that evidence is still truth bearing evidence (not forged or false evidence) should that evidence be able to be used in a court of law?

Exclusionary Rule

Weeks v. United States

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Any illegally obtained evidence cannot be used in court
Improper searches or seizures Police mistakes in collecting evidence

US v. Leon

Nix v. Williams

As long as the police act in good faith, the evidence they collect may be used Evidence obtained in violation of someone’s rights may be used IF the prosecutor can prove that the evidence would have been discovered legally anyways.

Yea or Nay

What sort of reasons should govern school districts when determining whether to search a students’ possessions?
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Immediate Safety is threatened Suspicious that the immediate safety of others is threatened The belief that something illegal or against school rules could be found if a search was done?

4th Amendment in High School

New Jersey v. T.L.O.

All school officials need is reasonable grounds to believe that a search will uncover evidence that a student has broken school rules.
Court allowed and upheld Vernonia’s mandatory suspicionless drug tests for all students participating in interscholastic athletics

Vernonia School District v. Acton

Yea or Nay

The following wiretapping scenarios . . .


Local Police Officers can wiretap your phones to investigate their suspicions Federal agencies can wiretap your phones Homeland security can wiretap your phones People with warrants can wiretap your phones

Wiretapping and Electronic Eavesdropping

Katz v. US

Forbid police from wiretapping without a warrant

Omnibus Crime Control and Safe Streets Act of 1968

Made it illegal for any Federal agency to tap phone lines without a warrant
Allowed for federal agencies to tap phone lines without a warrant, where terrorism is a suspicion

Patriot Act

Yea or Nay

You have a right to a lawyer if you cannot afford one. How much money is “enough to afford one?”
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8,000 per year 15,000 per year 25,000 per year 50,000 per year

Guarantee of Counsel

Gideon v. Wainwright

Whenever a jail sentence of 6 months or more is possible – the accused has a right to a lawyer at the public expense from time of arrest through the appeals process.

Self-incrimination

5th Amendment

“No one shall be compelled in any criminal case to be a witness against himself” Confessions or other incriminating statements made by someone denied a lawyer cannot be used
A person must be read their rights before they are arrested. Otherwise their statements cannot be used.

Escobedo v. Illinois

Miranda v. Arizona

Double Jeopardy

5th Amendment protection

Person may not be tried twice for the same crime.
Civil penalty could not be imposed after a criminal penalty

US v. Harper

Yea or Nay

The 8th Amendment protects the people from “Cruel and Unusual Punishment.” Should the death penalty be considered “Cruel and Unusual?”

Cruel and Unusual Punishment
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8th Amendment

Furman v. Georgia

Forbids cruel and unusual punishment
Death penalty, as then administered, was unconstitutional Ruled that mandatory death penalty was unconstitutional

Woodson v. North Carolina

Gregg v. Georgia

Death penalty alone was not “cruel and unusual” punishment