Protecting Constitutional Rights The Second Amendment protects the right to keep and bear arms. The Third and Fourth Amendments guard the rights to security of home and person. The Supreme Court has interpreted the Constitution as protecting a right to privacy. The Constitution’s guarantees of due process require that government act in accordance with fair and public laws in whatever it does.

Limits on Government

The Right to Keep and Bear Arms A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

The Right to Keep and Bear Arms Second Amendment, one of most heavily debated amendments today Included to protect rights of states to form militias Fear of Federal standing army — Some believe this protects individual right to own all kinds of firearms — Others believe amendment only protects rights of states to form militias

The Right to Keep and Bear Arms Only one major Supreme Court ruling 1939, United States v. Miller: Court upheld law placing restrictions on possession of some types of guns often used by criminals Said amendment protected only guns that might be used by people in militia Court has not addressed issue of gun control since Miller decision — Some lower courts have made decisions on gun control laws — Others believe amendment only protects rights of states to form militias

Security of Home and Person The Third Amendment British military sometimes quartered in colonists’ homes Very occasionally paid Complaint listed in Declaration of Independence Third Amendment forbids quartering during times of peace without consent of owner

Security of Home and Person During war, troops can only occupy private houses as prescribed by law Military forces must use due process to take over home. Largely forgotten Quartering has never been the subject of a Supreme Court case.

4th Amendment Fourth Amendment resulted from British use of writs of assistance Writ gave British authorities wide power to search private homes, businesses Searched without probable cause a strong likelihood they would find evidence of a crime

4th Amendment forbids “unreasonable searches and seizures” Fourth Amendment written to protect against abuse of search and seizure Main guarantee of personal security from government powers forbids “unreasonable searches and seizures”

4th Amendment Sets terms for issuing search warrant Document giving police legal authority to search private property Prove to a judge there is probable cause for a search Search warrants are issued by the appropriate judge with jurisdiction

4th Amendment Warrant must describe what will be searched, seized Emergency entrance without warrant, must follow strict rules Only search for evidence directly related to crime being investigated May seize other evidence only if it is in “plain view”

4th Amendment 1987, Arizona v. Hicks: “plain view” did not extend to serial numbers 1914, Weeks v. United States: evidence obtained illegally may not be used against person in court; known as exclusionary rule

4th Amendment Fourth Amendment does not always require police to obtain warrant Person’s right to be free does not reach outdoors Police can search through person’s trash without warrant

4th Amendment Legally speaking, stopping a person considered a seizure Pedestrians Legally speaking, stopping a person considered a seizure Police can stop someone on basis of reasonable suspicion May search person if there is concern for safety of police officer or others To arrest requires probable cause

4th Amendment Cars Search cars without warrant under some circumstances Can stop drivers observed committing traffic violations May seize evidence in plain view Search any place within reach or control of vehicle’s occupants Search auto’s trunk without warrant case by case

4th Amendment Fourth Amendment protects person’s “papers” Courts have had to decide if this applies to new means of communication—telegraph, telephone, Internet Meta Data (data about data) collection by government not allowed Meta Data held by providers Author, dates, files size

4th Amendment 1928, Olmstead v. United States: wiretapping not illegal search 1967, Katz v. United States: Court reversed self; wiretapping now requires probable cause warrant

4th Amendment Post-9/11, USA PATRIOT Act law enforcement more freedom to search telephone, e-mail communications, business, medical, library records 2007: parts of act struck down; gave officials too much power to search phone, Internet records without court oversight

4th Amendment Testing for Drugs Private employers have wide freedom to test their workers to discourage illegal drug use Governments face limits in ability to test their workers Can test employees whose jobs may affect public safety—pilots, drivers

4th Amendment Testing for Drugs Supreme Court: public school students have fewer Fourth Amendment rights than general population Need to ensure safe learning environment can override privacy concerns

4th Amendment School officials may search for drugs, weapons, randomly test student athletes for drugs Students participating in extracurricular activities be tested for drugs

The Right to Privacy Implied Fourth Amendment implies people can expect not to have their privacy violated by unreasonable searches (Reasonable expectation of privacy) Privacy part of concept of liberty guaranteed by due process clauses of Fifth, Fourteenth Amendments

The Right to Privacy Zones of Privacy Court embraced right to privacy, stating several amendments create “zones of privacy,” right of married couples to make decisions about birth control Spouse not testifying against spouse

The Right to Privacy 1973, Roe v. Wade: citing right to privacy, Court held state law could not deny woman right to abortion in first three months of pregnancy

Due Process of Law The concept of due process is key to the protections provided by the Bill of Rights. Requires that government act fairly and reasonably in accordance with established laws. Due process limits government’s police power

Due Process of Law Procedural due process: certain procedures must be followed before punishing person Miranda rights Arraignment Trial by a Jury of Peers

Due Process of Law Denial of Due Process v Public Safety Getting drunk drivers off road strong enough reason to deny due process 1979, Mackey v. Montrym: state can take away driver’s license if driver refused breath test; penalizing without finding guilty

Due Process of Law Substantive due process: concerns whether laws themselves are fair and just People have rights that cannot be taken away, even by laws passed properly