JOURNAL- choose one • Do you have an expectation of privacy while at school? Why or why not? • Describe a time when you feel you were the victim of an unreasonable search or seizure… maybe by your parents, a teacher, or someone else. Why was it unreasonable?
Fourth Amendment Freedom from unreasonable searches and seizures AGENDA: 1) Quiz 2) Review rules related to searches & seizures/Notes 3) “I got 99 problems and one of them may be Jay-Z’s legal advice” 4) Review search & seizure homework and look at additional hypotheticals 5) Finish moot court about 1st Amendment rights!
Standards & Objectives • 1.5: Students know the fundamental democratic principles that are a part of our government • Content: Describe the limits on searches and seizures • Language: Practice reading comprehension skills by analyzing a Supreme Court decision • Essential Question: How does the constitution balance individual rights/freedoms with the common good?
Vocabulary • Affidavit • Exclusionary Rule • Probable Cause • Reasonableness • Warrant • Seizure
Reading & Discussion • Open to 223
What’s the rule??? • A warrant is required to search property or a person • To get a warrant, you need probable cause • Is there enough evidence for a reasonable person to believe that it’s likely an illegal act is committed?
Exceptions • Schools • No probable cause needed, only reasonable suspicion • Reasonable suspicion is “Inferences combined with some facts”- it’s a lesser standard than probable cause • Motor Vehicle search • No warrant needed. No expectation of privacy in a vehicle. • Trunk and glove compartment can be searched without warrant. • Consent • Plain sight/no expectation of privacy
No expectation of privacy? What? • There’s a test to see if you have a reasonable expectation of privacy: • 1. Do YOU truly believe you have an expectation of privacy? • 2. Would a rational person think there was an expectation of privacy?
99 Problems • Today you are taking on the role of Jay-Z’s attorney. He’s in a bit of a scuffle with the law and needs some sound legal advice. • 1. Review lyrics to 99 problems • 2. In a group of four, map out the facts of Jay-Z’s case and apply the law about searches & seizures. • 3. Decide whether or not Jay-Z’s evaluation of his rights is correct or incorrect • 4. Advise Jay-Z on what he should have done in this situation.
4th Amendment Hypotheticals Homework • Additional hypos