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American government. Unit 5. Lesson pages 223-232. How do the 4 th and 5 th Amendments protect against unreasonable law enforcement procedures?
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American government Unit 5
Lessonpages 223-232 How do the 4th and 5th Amendments protect against unreasonable law enforcement procedures? • Objective: Explain the purpose and history of the Fourth Amendment and issues raised by its interpretation. Explain the importance of the Fifth Amendment provision against self-incrimination.
What is the history of the Fourth Amendment? • British history: “a man’s home is his castle” – right to privacy– Magna Carta. • No general warrants can be issued (writ of assistance) • Warrants grant search a seizure. • British did abuse general warrants against the colonists.
What is the purpose and importance of the 4th Amendment? • 1. Prohibits general warrants. • 2. Requires applications for warrants be supported by probable cause. • 3. requires a judge, not the official who will serve the warrant, to decide if probable cause exists. • 4. Requires applications for warrants to “particularly” describe the “place to be searched, and the persons or things to be seized.”
What is the purpose and importance of the 4th Amendment? • Also and important component of the right to freedom of conscience, thought, religion, expression and property. • The rapid growth of technology makes concerns about privacy particularly acute today.
What issues arise in interpreting and apply the 4th Amendment? • Society’s need for order and safety versus an individual’s rights to autonomy and privacy. • 4th Amendment raises 3 important questions: • 1. When is a warrant required? • 2. What is probable cause and when is it required? • 3. How should the 4th Amendment be enforced?
When is an warrant required? • - before officials can search, arrest, or seize evidence. • -officials must submit an affidavit, or sworn statement, to a judge. • -probable cause- there’s enough evidence for a reasonable person to believe that it is likely that an illegal act is being or has been committed.
When is an warrant required? • There are times when officers of the law cannot wait for a warrant. • Scene of a violent crime. • Robbery in progress.
When is a warrant not required? • Boarding a vessel to inspect documentation. • Person consents to being searched. • Person consents to being arrested. • Person consents to having their property seized.
How does the exclusionary rule enforce the fourth amendment warrant requirement? • What should be done if an officer violates the warrant or probable cause requirement? • Weeks v. United States (1914)- National government could not introduce papers as evidence that the officer has received without a warrant. • Exclusionary Rule- preventing the gov’t from using illegally obtained evidence at a trial. (this discourages officers from breaching the law) • Mapp v. Ohio (1961)- extended the exclusionary rule to state courts.
What are some alternatives to the exclusionary rule. • Departmental discipline • Civilian review boards • Civil Suits
When are warrants and probable cause not required? • Unsuited to school environments because school officials are guardians not police. • Schools must be “reasonable”. • Consideration of safety and health • Random drug testing of public and transportation employees and students who participate in extracurricular activities in public school • Searches of homes of people who are on probation.
What is the purpose of the 5th Amendment provision against self-incrimination? • Criminal defendant cannot be forced to take the stand to testify at trial. BUT if they do take the stand they must answer every question asked. • Anyone else who testifies cannot be forced to answer any questions that implicate them unless offered “use immunity”. • In an adversary system of justice, the government carries the burden of proof, not the defendant.
What is the purpose of the 5th Amendment provision against self-incrimination? • You can choose to not incriminate yourself, but you cannot refuse to testify against someone else. • What is the Miranda Rule? • Miranda v. Arizona (1966) • After a person acknowledges that they understand their rights, they CAN make statements.
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