Last Unit: Due Process Everyone must be treated fairly under the law Substantive Due Process – “The What” –Laws must be fair Procedural Due Process – “The How” – Laws must be applied to all fairly

4 th Amendment No unreasonable searches and seizures To search property, police need Probable Cause A warrant from judgewarrant Exclusionary Rule – evidence obtained illegally can’t be used in court

Exceptions to needing a warrant 1. Plain view 2. If person will escape, destroy evidence or harm others 3. Customs officials (MTA & TSA) don’t need warrants or probable cause

On The street On the street Terry v Ohio “Stop and Frisk” in NYC In School New Jersey v TLO

Cars Driving vs. Parked

Supreme Court Cases 1. Michigan Department of State Police v Sitz – DUI checkpoints 2. Minnesota v Carter – peaking in homes 3. California v. Ciraolo – aerial search 4. Maryland v Garrison – “good faith” 5. Tennessee v. Garner - lethal force 6. Minnesota v. Dickerson - patdowns 7. Vernonia School District v Acton – school 8. Kyllo vs US – thermal heat scans 9. US v Sokolov – shady airport acts 10. Alabama v White – anon tipsters Your task: 1.Act out the case 2.Explain the Supreme Court’s ruling --- don’t explain the lower court rulings

5 th Amendment Right to a Grand Jury – For feloniesfelonies Indictment Protects against self-incrimination If refuse and must - “contempt of court” Some given immunity (immune from charges) Rochin v California – “reasonable physical exams” No Double Jeopardy – Can’t be tried twice for same crime

6 th Amendment Speedy and public trial Right to confront witness Impartial jury Steps towards Jury Duty Summons, Questionnaire, Voir Dire, Preemptory Strikes

Right to a Lawyer…during… Powell v. Alabama (‘32) –Capital Case = death penalty Gideon v. Wainwright (‘63) –in all cases Escobedo v. Illinois (’64) - interrogation Miranda v. Arizona (‘66) – read rights

8 th Amendment No excessive bail No cruel and unusual punishment – crime must match the sentence Death Penalty – Furman v. Georgia (1972) and Gregg v. Georgia (1976) Other cases Mentally retarded Juvenile Death Penalty

9 th and 14 th Amendment 9 th –Right to Privacy 3 Zones: Thoughts and beliefs Personal information Family and relationships

Sexuality & 9 th Griswold v. Connecticut Lawrence and Garner v. Texas Roe v. Wade and RestrictionsRestrictions