The Fourth Amendment COURT CASES

What does the Fourth Amendment say? 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. What does that mean?

Pretend that you are a member of the Supreme Court, what would you decide?  Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail.  This was done without a search warrant.  Weeks took action against the police and petitioned for the return of his private possessions.  Think, write then share: What do you think the Supreme Court decided and why? How did they vote? 9-0, 8-1, 7-2, 5-4? Make sure to explain your answer.

Pretend that you are a member of the Supreme Court, what would you decide?  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.  T.L.O. was charged with possession of marijuana. Before trial, T.L.O. moved to suppress evidence discovered in the search, but the Court denied her motion.

New Jersey v. T.L.O  The Juvenile and Domestic Relations Court of New Jersey, Middlesex County found her guilty and sentenced her to probation for one year.  On appeal, the Superior Court of New Jersey, Appellate Division affirmed the denial of the motion to suppress evidence.  The New Jersey Supreme Court reversed, holding that the exclusionary rule of the Fourth Amendment applies to searches and seizures conducted by school officials in public schools.  Think, write then share: What do you think the Supreme Court decided and why? How did they vote? 9-0, 8-1, 7-2, 5-4? Make sure to explain your answer.

Pretend that you are a member of the Supreme Court, what would you decide?  An official investigation led to the discovery that high school athletes in the Veronia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injury.  Consequently, the Veronia School District of Oregon adopted the Student Athlete Drug Policy which authorizes random urinalysis drug testing of its student athletes.  James Acton, a student, was denied participation in his school's football program when he and his parents refused to consent to the testing.  Think, write then share: What do you think the court decided and why? How did they vote? 9-0, 8-1, 7-2, 5-4? Make sure to explain your answer.

Pretend that you are a member of the Supreme Court, what would you decide?  The Student Activities Drug Testing Policy adopted by the Tecumseh, Oklahoma School District (School District) requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity.  Two Tecumseh High School students and their parents brought suit, alleging that the policy violates the Fourth Amendment.  Think, write then share: What do you think the court decided and why? How did they vote? 9-0, 8-1, 7-2, 5-4? Make sure to explain your answer.

Pretend that you are a member of the Supreme Court, what would you decide?  Savana Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy.  Ms. Redding subsequently filed suit against the school district and the school officials responsible for the search in the District Court for the District of Arizona. She alleged her Fourth Amendment right to be free of unreasonable search and seizure was violated.  Think, write then share: What do you think the Supreme Court decided and why? How did they vote? 9-0, 8-1, 7-2, 5-4? Make sure to explain your answer.

The Fifth Amendment  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  What does that mean?

The Sixth Amendment  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.  What does that mean?