4 th & 5 th Amendment Rights BR: Are your privacy rights at risk today?

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Presentation transcript:

4 th & 5 th Amendment Rights BR: Are your privacy rights at risk today?

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.

4 th Amendment at Liberty Today  3sH1GaO_nw&feature=player_embedded 3sH1GaO_nw&feature=player_embedded

Border Security   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.

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?

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.

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?

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.

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.

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. 

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.