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Published byStephanie Fields Modified over 8 years ago
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4 th & 5 th Amendment Rights BR: Are your privacy rights at risk today?
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Review 4 th - Right to no unreasonable search and seizure. 5 th - Right to not incriminate oneself. Right to due process of law (14 th Amendment assures no discrimination on the basis of race) Due Process- meaning you have the right to go through the legal process for all crimes accused.
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4 th Amendment at Liberty Today https://www.youtube.com/watch?v=- 3sH1GaO_nw&feature=player_embedded https://www.youtube.com/watch?v=- 3sH1GaO_nw&feature=player_embedded
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Border Security https://www.youtube.com/watch?v=miaJk7OcPv8 https://www.youtube.com/watch?v=miaJk7OcPv8 Arizona's Immigration Law Arizona's law orders immigrants to carry their alien registration documents at all times and requires police to question people if there's reason to suspect they're in the United States illegally. Tried in court and struck down with the exception that the police can check a persons immigration status if they are arrested for violating other crimes.
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Katz v US Katz was a gambler, so Federal agents attached an eavesdropping device to the outside of a public phone booth used by Katz. Based on recordings of his end of the conversations, Katz was convicted for fraudulent gaming. Katz sues, does this violate his 4 th Amendment right?
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Katz Court rules in favor of Katz. Katz was entitled to assumption that the world would not “hear in” on his private conversations. Thus this violated his right of protection from unreasonable search and seizure.
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New Jersey v TLO T.L.O. was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed T.L.O. money. Did this violate TLO’s 4 th Amendment rights?
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TLO Court ruled in favor of New Jersey. The Principal had reasonable suspicion that TLO was smoking, so they had the right to search her purse. Precedent 4 th Amendment does not apply to students when reasonable suspicion applies to possible school rules were violated.
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5 th Amendment Rights Miranda v Arizona. (1966) Miranda was convicted of some crime which is of little importance to use and immediately confessed to his crimes. He later did not know of his 5 th Amendment rights and sued the federal government for not telling him his rights. Kinda sounds like not knowing the coffee is hot at McDonalds, but whatever.
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Miranda Court rules in favor of Arizona. Now when arrested a cop must read you your Miranda rights so “you know” you have a right to remain silent, a lawyer, etc. etc. http://www.youtube.com/watch?v=T45aF1NLMyM http://www.youtube.com/watch?v=T45aF1NLMyM
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6 th Amendment Rights Right to Counsel Gideon committed a misdemeanor, wanted a lawyer but couldn’t afford one, lost in criminal trial. Wrote to Supreme Court stating he should have a lawyer. Does 6 th Amendment extend to felons? Yes state Courts must follow the Constitution and provide felons a lawyer.
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