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The Fourth and Fifth Amendments How do they protect our rights?

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Presentation on theme: "The Fourth and Fifth Amendments How do they protect our rights?"— Presentation transcript:

1 The Fourth and Fifth Amendments How do they protect our rights?

2 The Fourth Amendment The fourth amendment protects “the right of people to be secure…against unreasonable search and seizure” It doesn’t specifically state a right to privacy, but the courts have interpreted it that way

3 What does law enforcement need in order to legally search? A search warrant is a court order obtained from a judge who is convinced that there is a real need to search a person or place In order to get a search warrant, the police must present an AFFIDAVIT (sworn statement of facts) The search warrant MUST be specific (Who? What? Where?)

4 More on the 4th The exclusionary rule prevents the use of illegally seized evidence No-knock warrants can be executed under specific circumstances

5 Warrantless Searches Under specific circumstances, searches may be conducted without a warrant. Some examples of those are: * Within Reach * Consent * Trash at Curb * Airport/Border * Hot Pursuit

6 The Fifth Amendment The fifth amendment lists many protections: * Grand Jury * Double Jeopardy * Self-incrimination * Due Process * Eminent domain and private property

7 Self-Incrimination “No person…shall be compelled in any criminal case to be a witness against himself” Pleading the Fifth can be exercised by not answering incriminating questions in trials where one is a witness, or by simply not taking the stand in one’s own trial

8 Grand Jury, Double Jeopardy Grand juries are only convened in federal court – they are not responsible for finding a defendant guilty or innocent, only whether there is enough evidence to charge (indict) a defendant Double Jeopardy can’t be triggered in cases of a hung jury or a mistrial, only when a verdict of “Not Guilty” is given

9 Eminent Domain One’s private property can be taken with just compensation and fair notice, typically for public use

10 Discussion Questions Should students be given their full 4 th and 5 th amendment rights in the public schools? Why or why not? Why is the right against self-incrimination important to citizens? Do you agree with the concept of eminent domain? Why or why not?

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