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Homework : Rights of the Accused “research questions” for Wednesday

FrontPage : Have your research questions on your desk. " Today Newt Gingrich said we should use covert operations to assassinate Iran's nuclear scientists. Gingrich also said the key to covert operations is announcing them on the campaign trail." –Conan O'Brien

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Homework : Rights of the Accused “research questions” for Wednesday

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  1. FrontPage:Have your research questions on your desk. "Today Newt Gingrich said we should use covert operations to assassinate Iran's nuclear scientists. Gingrich also said the key to covert operations is announcing them on the campaign trail." –Conan O'Brien "Tomorrow night is the 20th Republican debate, which explains that new campaign slogan, ‘Vote Mitt Romney — or else we’ll keep doing this.’” –Jimmy Fallon “Newt Gingrich called President Obama ‘the most dangerous president in U.S. history.’ But then he said ‘on the dance floor.’” –Conan O'Brien “There are 8 million dead people who are still registered to vote. As a matter of fact, they're the group that's most passionate about Mitt Romney.” –Conan O'Brien “The band Megadeth has endorsed Rick Santorum. I think I'm going to wait and see who Metallica likes.” –David Letterman Homework: Rights of the Accused “research questions” for Wednesday

  2. FrontPage: How would you react to the following situation? Mrs. Pavlik comes onto the PA system and issues the following announcement: “Due to the recent rise in acts of vandalism, physical violence and threats against students, the administration of Peters Township High School has decided to take the following steps. Using a sophisticated new technology, and with help from Verizon and AT&T, we have been able to retrieve transcripts of all phone conversations and text messages sent from phones within the school building and during school hours from the last 2 weeks. Along with all high school teachers, we will review the data we have collected, and will provide to parents any information regarding illegal, immoral or unethical behaviors. These include but are not limited to illegal drugs, profanity, and relationships between students. Additional steps, including random drug testing, may be taken in the future to ensure the safety of students. Thank you for your cooperation.” The Last Word: Rights of Accused questions for Wednesday

  3. The Fourth Amendment Protection from Unreasonable Search and Seizure

  4. The Fourth Amendment 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.

  5. The Parts of the 4th Amendment • Provides protection from “unreasonable search and seizure” • What is required first in order to conduct a reasonable search? • What must this warrant include? • What do police need to show in order to get the warrant? • How would you define “probable cause”?

  6. FrontPage: NNIGN Homework: Rights of the Accused “research questions” for Wednesday

  7. Question… • What happens if officers conduct an “unreasonable” search (w/out probable cause or a warrant) and find something illegal?

  8. The “Exclusionary Rule” • “Exclusionary rule” - Evidence seized in an illegal search cannot be used in the case against an individual • Weeks vs. US (1914) – created the Exclusionary rule • Mapp vs. Ohio incorporated it • Why does the Exclusionary rule exist? • What criticisms could be made of it? • What are some alternatives?

  9. **Relaxing the Exclusionary Rule: • The Court has recognized several instances in which evidence found as a result of a search without a warrant can still be used in a court case… • Good faith, for example

  10. What about this case? • Bernie D. Herring goes to an Alabama police station to collect some things from his impounded truck in 2004. A cop recognizes him and calls around to see if there were any warrants for his arrest. • After he had left, police found out there were warrants for his arrest, so they pursued him, pulled him over, and during the course of the arrest, searched his vehicle. They found methamphetamines and a gun. • It was so0n discovered, however, that the warrants for arrest had been revoked, but the computer database had not been updated. Can this evidence, gained from a search that existed “without a warrant”, be used against Herring?

  11. Another good question is… • WHEN IS A SEARCH WITHOUT A WARRANT “REASONABLE”?

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