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Constitution Day September 17. Constitution Day reminds us of our important rights and responsibilities under law. The Constitution was drafted in 1787 four years after the Revolutionary War ended. The U.S. Constitution.
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Constitution Day September 17 Constitution Day reminds us of our important rights and responsibilities under law.
The Constitution was drafted in1787four years after the Revolutionary War ended
The U.S. Constitution The final draft of the Constitution was completed on September 17, 1787. It was officially adopted on June 21, 1788, when New Hampshire became the ninth state to ratify it. This photo shows where representatives from Massachusetts ratified it four months earlier.
The Constitution has been amended27 timesWhat do we call the first10 amendments?
Who drafted the Bill of Rights in 1789? James Madison, who later became the 4th President of the United States of America. Can you name any of the Amendments in the Bill of Rights?
Q: Can you guess a reason why Americans wanted to be free from British rule? A: The British government was going into Americans’ homes and arresting them without good reason.
Q: Which Amendment to the Constitution provides protection against having your home entered and being arrested without a good reason? A: The Fourth Amendment.
Today’s Lesson: United States ConstitutionThe 4th Amendment: Search and Seizure
The Fourth Amendment to the U.S. Constitution states: • "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."
U.S. Supreme Court Justice Louis Brandeis said the Fourth Amendment is “the right to be let alone” What word describes the right to be let alone? Privacy Who is required to follow the Fourth Amendment and give us privacy? Our parents? Our schools? The government?
Exceptions to the Rule • Can anyone think of a reason why someone should not have the right to privacy? • Is it sometimesarguable whether someone should have the right to privacy? • Who decides such an argument? • State Court System • Federal Court System
Today you get to play the role of a United States Supreme Court Justice • Q. Does anyone know how many U.S. Supreme Court justices there are? • Q. Can you name them? Neil Gorsuch Brett Kavanaugh Sonia Sotomayor Elena Kagan Clarence Thomas Samuel Alito Stephen Breyer Chief Justice John Roberts John Roberts Ruth Bader Ginsburg
7th Grade Case • It is the week before the big high school Homecoming football game pitting Treeville East high school against its cross-town rival Treeville West. Both teams are exceptionally good this year, with players from both teams being recruited by universities. • Corey is a 7th grader whose older sibling Blair is a high school student at Treeville East. Blair is good at making money from other students in various ways. So Blair decides to set up a gambling app for smartphones on which students can bet on which team will win and by how many points, and pay or receive their winnings or losses by Venmo. Blair calls the app “Homecoming Fantasy.” • Corey decides it is time to get in on a piece of Blair’s action and starts telling students in 7th grade about Blair’s app.
Eventually, teachers in Corey’s school start hearing students talking about “Homecoming Fantasy.” At first, they do not know what it means, but eventually, they figure out it has something to do with betting when they hear a student talking about “Venmo.” The teachers alert one another by e-mail to keep an ear out for more information, and copy the school principal, who calls the police and reports possible gambling on middle school grounds. The principal of the middle school assumes that a 7th grader would not be capable of writing an app like this, and alerts the principals of Treeville East and Treeville West about the app. Those principals also alert the police that their teachers have also been hearing about “Homecoming Fantasy” in the hallways, but until now, they didn’t know it was about gambling.
The police talk to the principals of all the schools and learn that Blair is the most likely suspect, but there are three others as well—all of whom are high schoolers, not middle schoolers. The police round up the suspects and bring them to the principals’ offices, where they are asked to produce their cell phones. Two of the three other students promptly produce their cell phones, and no evidence of gambling is found. The third student, Jamie, refuses to produce a cell phone, claiming a right to privacy. Jamie was last suspended from school a year ago after having been caught trying to sell two prescription ADHD pills to one of the football players. Blair had already sensed something was up and stashed the incriminating phone in Blair’s own locker. When confronted, Blair lies, claiming “I lost my cell phone several days ago and so it couldn’t have been me.” The police escort Blair to the locker and find the cell phone with the gambling app on it. They also find Blair’s school-owned laptop, log in, and discover evidence that Blair wrote the software for the app on this computer.
The police then go to the middle school and ask for Blair’s younger sibling Corey to be sent to the office. They ask for Corey’s cell phone, but Corey does not have it at school. The police go to Corey’s house and tell the parents they need to go into the house and see Corey’s cell phone and all the computers in their house. The parents object, but the police push their way in anyway and find more evidence of Blair’s gambling ring. The police use Blair’s Venmo account to call everyone who sent Blair money and arrest each of them for illegal gambling. Corey’s and Blair’s parents are outraged that their children’s constitutional right to privacy was allegedly violated.
Q: Is it illegal for people under the age of 18 to engage in gambling activities? • A: It depends on the type of gambling activity and the venue. • Commercial Casinos have a minimum gambling age of 21, as required by MI law. • Tribal operated casinos may establish their own minimum gambling age, but not less than 18 years of age. • Horse racing, online gambling in Michigan, and various lotteries require a minimum age of 18.
Q: Did the police violate Blair’s right to privacy when they searched Blair’s locker? A: No, because the polices had “reasonable suspicion” and are not required to get a warrant first. Also, if there is a school policy allowing searches of students’ lockers that is not “excessively intrusive in light of the student’s age, sex and nature of the infraction,” then the school and the police can search the locker.
Q: Is it illegal to create an app to enable people under the age of 18 to engage in gambling activities? A: To create it? No. To actually offer it? Yes.
Q: Was it legal for the police to take (seize) Blair’s cell phone? A: Yes. Police can seize evidence in this case. The police lawfully had access to the locker and can take items that are likely to have evidence of a crime for which they are investigating.
Q: Did the police violate the 4th Amendment when they searched (looked through) Blair’s phone? • A: Maybe. It depends on whether Blair consented. • If Blair told the police it was okay to look through the phone, it would be hard to argue that Blair’s 4th Amendment right was violated. • If Blair told the police it was not okay to look through the phone, then Blair’s rights were likely violated. Generally, digital contents of cell phones may not be searched without a search warrant.
Q: Why do you think the rules are different for looking through someone’s phone rather than in the person’s locker? A: Other people’s information is on your phone. And more personal information having nothing to do with the crime may be on the phone (for example, grades, medical information, and the identity of a boyfriend or girlfriend).
Q: Did the police violate the Fourth Amendment when they searched the school-issued computer? A: No, because whoever owns the property holds the Fourth Amendment privilege. The school gave the police consent. Students sign user agreements reminding them they do not own the computer and it is only on loan. What you do on a school-issued computer is not private.
Q: What if it had been Blair’s personal computer? A: Then unless Blair gave consent, the police would have to get a search warrant (same as with a cell phone).
Q: What happens to evidence that is obtained illegally? A: If the person goes to trial for a crime, that evidence is usually inadmissible, which means the jury will never hear about it. This evidence is sometimes called “the fruit of the poisonous tree.” But…it can still be used to prove a witness is lying. This is called “impeaching” a witness.
Q: Does it make a difference where Blair created and used the App? A: Yes, because authorities can charge Blair in each placewhere Blair created or used the App.
