Created by Lorena Espinoza U.S History Mc-Elmoyl – p. 7.

Slides:



Advertisements
Similar presentations
SEARCH AND SEIZURE A REASONABLE TEST Created by the Ohio State Bar Foundation.
Advertisements

Law enforcement officers conduct searches every day in an effort to find evidence that can be seized and used in court to prosecute people who have violated.
Amendment: (noun) a change made to a law or document Founders wanted Constitution to be a “living document” (able to evolve with the nation) Making changes.
UNIT 5 AMERICAN GOVERNMENT. LESSON PAGES How do the 4 th and 5 th Amendments protect against unreasonable law enforcement procedures? Objective:
Unit Five Lesson 31 How do the Fourth and Fifth Amendments Protect Against Unreasonable Law Enforcement Procedures.
Street Law Fourth Amendment Rights
California vs. Acevedo By: Caroline Correa & Raul Perez.
THE FIRST TEN AMENDMENTS TO THE US CONSTITUTION The Bill of Rights.
Bell Work: 5/8/13 What is seditious speech? What is prior restraint?
What right do you have to keep your stuff private? How does this right change depending on whether you are home or at school? Does it change depending.
SS4H5 The student will analyze the challenges faced by the new nation.
Bill of Rights.
The Bill of Rights. Congress discussed more than 100 proposals for amendments before it sent 12 to the states for approval. –10 were ratified –These 10.
Search and Seizure. I) Search and Seizure A) The 4 th amendment outlines the rules governing search and seizure.
THE 4 TH AMENDMENT The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.
Constitutional Roots  By 1790, all 13 original states ratified the Constitution  Many people did not believe the Constitution did enough to protect.
The Fourth Amendment and the Home By Laura Zajac.
Bell Work: 5/3/12 What is due process? – Hint: look on pg. 564 if you don’t remember!
The Bill of Rights The first 10 amendments (changes/additions) to the U.S. Constitution.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;
7 th Grade Government and Civics The Bill of Rights Grade 7 Mr. Cole
Chapter 4 Notes Civics. 1. Adding Bill of Rights Between 1787 and 1790 the 13 states ratified the constitution Some people felt it did not protect their.
4 th Amendment: Search and Seizure. The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from.
THEFT BURGLARY THEFT VIOLENT CRIME THEFT CAR THEFT THEFT BURGLARY THEFT.
 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,
The 4 th amendment. The 4 th amendment prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported.
CALL TO ORDER  Have you or someone you’ve known ever been searched by the police, legally or illegally?  What do you know about the rules that police.
4 th Amendment  “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall.
The Bill of Rights was included in the Constitution to guarantee the rights of citizens. Va. and other states would only ratify the Constitution if the.
First 10 Amendments to the United States Constitution.
Fourth Amendment And Probable Cause. By the end of this presentation you should be able to understand; ◦Fourth Amendment of the U.S. Constitution ◦How.
4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not.
Is there a state action? (i.e. search by police, not private party) Is the search conducted by a state or federal actor? 4 th amendment doesn’t apply to.
HW due today- Finish researching a second case Agenda NVCs Warm-up Establishment clause and balancing test Crime and amendments Rights of the accused Objectives.
SEARCH & SEIZURE.
Limiting the Right of Search
Evidence Collection at the Crime Scene and Constitutional Law
4th and 5th Amendment issues in sport and physical activity
What Do You Think? The principal is walking down the hall at the end of lunch, hurrying students to class. As he passes the bathroom, he smells marijuana.
Bill of Rights.
Enforcement of Fourth Amendment Protections Is a man’s home his castle
Introduction to Constitutional Law
Bill of Rights US Constitution.
Bill of Rights.
First 10 Amendments to the Constitution
Name that tune! Raise your hand if you know how to answer BOTH of the questions below. Artist? How does this song relate to what we’re learning today?
Personal protections and liberties added to the Constitution for you!
The Bill of Rights Amendments 1-10.
The Bill of Rights SS.7.C.2.4 & SS.7.C.2.5.
The U.S. Bill of Rights.
Chapter 14 Searches and Seizures
The Fourth Amendment and the Home
Introduction to Constitutional Law
Fourth Amendment.
Fourth Amendment And Probable Cause.
Thinker The first ten amendments are also known as:
4th Amendment According to the Fourth Amendment, the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable.
CHAPTER 1 1/15/2019 BHS Law Related Education Program Criminal Justice
The Bill of Rights Amendments 1-10.
The Bill of Rights Amendments 1-10.
Bill of Rights Do Now: Paraphrase the Fourth Amendment to the Constitution. Rewrite it into your own words without leaving out any information. You can.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 2
Search & Seizure The act of taking possession of this property.
Warm Up – February 11 Grab the handouts from the front table
How does this Constitutional amendment protect Americans?
The 13th Amendment: Section 1 Section 2 By Elaf
Rights of the Accused Part 1
School Searches and You
Judicial Restraint vs. Judicial Activism
Created by Lorena Espinoza U.S History
Presentation transcript:

Created by Lorena Espinoza U.S History Mc-Elmoyl – p. 7

 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.

 Passed by Congress on September 25 th, 1789  Ratified on December 15 th, 1791  Often referred to as “Search and Seizure”

 Equal privacy for everyone  Police can’t search you without permission or a warrant UNLESS they have a very good reason  Protects people from unreasonable searches but only those deemed unreasonable under the law

 Most people tend to associate this amendment with our right not to have specifically our homes searched without permission but it actually applies to so much more, and since people aren’t aware that it actually protects more than they think, sometimes we get cheated from it  Police/government officials will abuse their power if they know you don’t know they’re not supposed to search you in someplace other than your home

 Possessions/Property  Home  Car  Business  Purse  Clothes  Body  Personal information ▪ Doctor’s files ▪ Other confidential information

 The Founding Fathers wanted to protect the rights of the individuals  Did not want the government to abuse its power  The British officials were allowed to enter and search the homes of the colonists even if the owner was against it  Intrusive on the privacy of the colonists

 Government Surveillance  Using technology to access massive amounts of information on Americans  The government recently violated the 4 th amendment when they put a GPS tracker on a man named Antoine Jones’ car & tracked his movements continuously for a month  First time the Supreme Court has had to revise the legality of tracking people with technology  Decision could potentially stop cell phone tracking without warrants as well

 liberty/supreme-court-rules-government- violated-privacy-rights-gps-tracking-case liberty/supreme-court-rules-government- violated-privacy-rights-gps-tracking-case  Ypu4qg Ypu4qg

 Man wins trial by enforcing his right in the 4 th amendment when he refused to go through airport security x-ray machines  trial/ trial/  Petition to stop mass surveillance by government  surveillance surveillance

 Unconstitutional for the government to track everything we do or say without permission  Secrecy is violating our civil rights  They don’t want to tell us they’re spying on us, so they just do it without a warrant or good reason to  Founding Fathers created the 4 th amendment for protecting our privacy and individual rights and our government isn’t being honorable by doing the exact thing we want to prevent

  The video is basically saying that our government is starting to become too powerful, and is abusing their power by spying on us. It is informing us about what is happening so we can do something about it and stop the violation of our privacy

 Police/Gov. Officials could raid our homes whenever they wanted to for no reason  Use their power to unrightfully search us & nothing would be done about it  Too much power given to gov. and not enough given to the people  Government abuse their power and invade our privacy  No one would feel safe in their own homes  Scared of the government  Colonists would have no voice to stop them

Let’s say you’re driving home after a long day of work and a cop pulls you over and wants to search you and your car for drugs.

 Yes: IF you are driving recklessly and he/she has reason to believe you might be under the influence ( a good reason ) OTHERWISE…….  No: IF you are abiding by the law, and he/she only pulled you over based on your looks or because they don’t like you for whatever reason. (Just because they want to)

Then: colonists were oppressed with the “writs of assistance” used by the British soldiers.  Gave them power to carry out searches in shops, warehouses, and private homes  Didn’t need to have a good reason or any evidence to conduct these searches  Colonists felt like their homes were no longer their “castles”  Soldiers were reckless with the property and belongings of the colonists

Now: privacy of the people is protected, and although police/soldiers can still search your home without your consent they must have either a warrant or a very good reason to search you (must be deemed as reasonable by law)  if this right is violated, the person can take their case to courts  This right cannot be taken away from us

References Retrieved from Bill of Rights Institute: Bill of Rights. (n.d.). Retrieved from Fourth Amendment - Why It Was Created. (n.d.). Retrieved from The NSA Video. (n.d.). Retrieved from The Rutherford Institute. (n.d.). Retrieved from s_and_warrants/ Supreme Court Rules Government Violated Privacy Rights in GPS Tracking Case | American Civil Liberties Union. (n.d.). Retrieved from government-violated-privacy-rights-gps-tracking-case What Does the Fourth Amendment Mean? (n.d.). Retrieved from activities/fourth-amendment/fourth-amendment-mean.aspx