Civil Liberties Due Process – The Fourth Amendment

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Objectives: SWBAT• Identify key provisions of the fourth amendment • Analyze situations that challenge fourth

amendment rights• Define modern issues surrounding stop and frisk

procedures

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Fourth AmendmentThe 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.Freedom from unreasonable search + seizures

Warrants need PROBABLE CAUSE, local judges decide that

Warrants must be specific in WHAT AND WHERE is searched and WHAT they are looking for

• Which of these searches violates the fourth amendment?• The Police see a man standing on the corner of a known drug market;

they search him –finding drugs• After you check out of a hotel the police ask the hotel to search your

wastebasket, they fond your plans for a bank robbery• Your ex goes through your desk drawers, finds drugs and turns you into

the police• You are caught shoplifting. The police chase you to your house and

arrest you outside. Inside the house they find a large quantity of stolen goods

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The Fourth Amendment

• Searches with a warrant• Need for a bona fide (genuine) reason to

search• Probable Cause• Usually requires an affidavit (sworn statement)

• Search warrants must be extremely specific covering the time, place and manner of the search• There are exceptions• The police are allowed to seize obvious evidence

of criminal acts• Bloody knife vs. smoking gun

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Fourth Amendment• Searches without a warrant • At the time of arrest

• Can search the person and the immediate area of the person

• Aka “the grab area” • “protective sweeps” are also fine

• Border and Airport searches• Consent • Vehicle Searches

• If the police officer has probable cause he can search the entire interior of the vehicle

• Plain View • Hot Pursuit/ Emergency situations

• No warrant needed to enter a building

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Stop and Frisk • A police officer who reasonably thinks a person is

“acting suspicious” or likely to be armed may be stopped• Anything found on the subject may be confiscated

• HIGHLY CONTROVERSIAL • Racial Profiling

• Take a look at the NYC Stop and Frisk results

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Exit Ticket:• Is public safety a good enough reason for police to

have “Stop and Frisk” powers?

• Is the power itself bad, or just how it is applied?

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Civil Liberties Due Process – Procedural and Substantive

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Fourth AmendmentThe 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.Freedom from unreasonable search + seizures

Warrants need PROBABLE CAUSE, local judges decide that

Warrants must be specific in WHAT AND WHERE is searched and WHAT they are looking for

Mapp v Ohio (1961)

• Dollree Mapp’s home was searched by the police without a proper warrant. In a search for another suspect the evidence was discovered in an unrelated crime. Charges were filed and Mapp was arrested.

• The Exclusionary rule • Evidence obtained in an illegal search may

not be used against a defendant

What are the pros and cons of this decision?

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Fifth Amendment

• Self Incrimination• “You have the right to remain silent”

• Double Jeopardy• You can not be tried for the same crime

twice• Eminent Domain• The Government can not take your land

without your agreement and just compensation

• Due Process

Due Process

• The principle of government that states that ALL of a person’s legal rights must be followed• No short-cuts

• Suspects are INNOCENT until PROVEN GUILTY• The “burden of proof” is on the

state

Sixth amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Speedy and public trial by jury

Be told of the crime against you

Confront witnesses

Provide witnesses in your defense

Right to a lawyer

Tried in the state where the crime was committed

Due Process• There are two accepted types of Due Process• Substantive • Procedural

• Substantive due process speaks to the meaning and intent of the law • The substance, effect, of the law violates a person’s

due process rights

• Procedural DP speaks to the actual actions of the state. • The state has to follow specific steps, if not they are

violating a person’s rights

The 14th Amendment

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 14th Amendment

• The Due Process clause of 14• No state can deny a person due process of

law• THE INCOPORATION DOCTRINE• No state can violate the Bill of rights

• The Equal Protection Clause• No state can discriminate their application

of due process rights

CW: Applying Due Process• On your due process notes guide read the case

summaries below. • On your own paper, or on the back of this one,

identify whether the defendant's procedural or substantive due process has been violated• Cite the specific amendment • Predict how the court will rule, include your

reasoning

Your rights in school• “[Students] do not shed their constitutional

rights… at the schoolhouse gate” • You have constitutional rights to • Free speech• Free press• Free expression • Search and Seizure• Due Process

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Your rights in school

• HOWEVER• student rights are limited • The school climate can not be

“materially and substantially disrupted”

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The Big Cases • Tinker v Des Moines • Do students have the

same first amendment protections?

• Yes……but….

• New Jersey v TLO • Do students have the same fourth amendment

protections? • Yes……but….• Do not need probable cause, only “Reasonable

Suspicion” • Much lower threshold 23

Important Cases• Pottawatomie County v. Earls• Random drug tests for extra-curricular activities are

allowed• “Suspicionless Searches”• Veronica School District v Acton dealt only with

athletics

• Engle v Vitale• School-led prayer is unconstitutional • West Side Community Schools v. Mergens – student-

ran religious groups are allowed

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Safford v Redding • At your tables read the facts of the case and the

accompanying article

• On a seperate sheet of paper: • What is the argument for Ms. Redding? • What is the argument for the School District? • Does TLO apply here? In whose favor does it work? • At your table rule on this case:

• Take a vote, it does not have to be unanimous• Write a brief “opinion of the court” • If there are any dissenting opinions explain them• Be prepared to share

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• From the opinion of the court’s 7-2 decision• "reasonably related to the objectives of the

search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction." Here, school officials did not have sufficient suspicion to warrant extending the search of Savanna to her underwear. 

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