1. The 4th, 5th and 6th Amendments

2. Something to make you think….
Let’s get started….
Something to make you think….
What can be seen and fills a room but doesn’t take up any space?
Answer: Light

3. How about another?
The 22nd and 24th president of the United States had the same mother and the same father, but were not brothers. How can this be possible?
Answer: They were the same man. Grover Cleveland served two non-consecutive terms as President of the United States

4. The Fourth Amendment
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.

5. Why was this Amendment needed?
14th century England:
General Warrants:
Search wherever, whomever, whatever
Didn’t expire until King’s death
Writ of Assistance:
Type of General Warrant
Searches conducted by Customs Officials
Colonial homes and business
At will, no restrictions
Looking for smuggled goods where taxes hadn’t been paid

6. Reasonable expectation of Privacy
What do you think this means?
Can phone calls be recorded without your knowledge by the Federal Government?
Can information obtained from those calls be used against you in court?
Does wiretapping fall under search and seizure?

7. Olmstead v. United States (1928)
Roy Olmstead
Bootlegger during Prohibition
Wiretaps installed by Federal agents (without Judicial Consent) in the basement of Olmstead’s building and in the street near his home
Olmstead was convicted thanks to the recorded conversations
Were Olmstead’s 4th Amendment rights violated?
Supreme Court said NO!
Bugs planted outside the home

8. Katz v. United States (1967)
Charles Katz used a payphone to gamble across state lines
FBI had “eavesdropping” devices outside of the payphone
Katz was convicted based on these recordings
What do you think? Based on Olmstead, is this a violation of Katz’s 4th Amendment rights?

10. What the Supreme Court said
The 4th Amendment applies to people NOT just places
“So long as an individual can justifiably expect that his conversation would remain private, his/her conversation is protected from "unreasonable search and seizure" by the Fourth Amendment.”
This is the “reasonable expectation of privacy”
Olmstead v. United States was overruled by Katz v. United States

11. How about another case?
What about your trash? Is that subject to search without your knowledge?
Does it make a difference if the trash is in a clear bag?

12. California v. Greenwood (1988)
Greenwood was suspected of drug trafficking
Law enforcement searched the trash that had been picked up by the trash collector
Used the evidence found to obtain a search warrant

13. So what do you think? What did the Supreme Court decide?
Once trash is placed at the curb:
“readily accessible to animals, children, scavengers, snoops, and other members of the public.”
What ever you knowingly expose to the public is not covered under the 4th Amendment

14. Search and Seizure Landmark case for unreasonable search and seizure
Terry v. Ohio (1968)
Outlined reasonable vs. unreasonable searches and seizures
Held that warrantless searches or seizures without probable cause unreasonable

15. So what is reasonable? Stop and Frisk Any others? Reasonable suspicion
Pat searches
Questioning
Any others?

16. Reasonable Searches Border checkpoints Airport searches
Sobriety Checkpoints (WITHIN REASON)
Drug Testing – for people involved in accidents / federal jobs.
Student Searches

17. Student Searches New Jersey v. T.L.O (1985)
Supreme Court ruled that 4th Amendment applies to public school officials and teachers, BUT…
NOT TO STUDENTS!
Administration/school officials DO NOT need a warrant to conduct in-school searches
BUT Police officers must still have probable cause

18. What about mandatory Drug Testing?
Schools can require athletes to submit to a drug test in order to participate in athletics

19. WARRANTS! You need probable cause
The officer has to prove to a judge there is reasonable proof that law is being violated on the premises to be searched.

20. Searches that don’t require a warrant
Consent
Plain View
Emergency Situation
Hot Pursuit
Search pursuant to arrest
Searching for suspect
Vehicles – diminished expectation of privacy

21. Situations where a warrant isn’t needed
March 2004:
USA v. Kelley Gould
Officers no longer need to have a search or arrest warrant for a “brief” search of your home or business.

22. Search Warrants Identify the property to be searched.
Items to be seized.
Must be the suspect’s property and “common” areas.

23. FYI…
If a warrant is present – burden of proof is on YOU that there wasn’t probable cause.
If there is NOT a warrant – then the burden of proof is on the police that there was probable cause.

24. Exclusionary Rule
Prohibits illegally seized evidence from being admitted at trial
At first it only applied to Federal Government
BUT…
Mapp v. Ohio (1961)

25. Exceptions to the Exclusionary Rule
If evidence is found illegally it can be used in court IF:
Police act in “good faith”
Reason to believe that a warrant is valid
If evidence would have been “inevitably” discovered by lawful means
Evidence seized illegally as a result of a “honest mistake”

26. What do you think?
When you hear the phrase “The 5th Amendment,” what comes to mind?

27. The 5th 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 in public danger; nor shall any person be subject for the same offense 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.

28. Let’s break it down….
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”
What this means is that the government has to officially charge you with a crime to make you answer for it. Basically, they have to have a good reason to keep you in custody.
Is there an example of this not happening in today’s world?

29. Let’s break it down….
“nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”
The term most often used is Double Jeopardy – you cannot be tried twice for the same crime,
Unlike the movie, same crime means the same person, same date, same time, same place, same manner.

30. There’s more….
“nor shall be compelled in any criminal case to be a witness against himself”
“I plead the fifth!”
Self-Incrimination – as a defendant you don’t have to testify at all and you don’t have to give any information that might be used against you.

31. “nor be deprived of life, liberty, or property, without the due process of law”
The government can’t take your life, your freedom, or your belongings without going through fair procedures that help ensure that you are being treated fairly and are given a chance to give your side of the story.

32. Last one….
“nor shall private property be taken for public use, without just compensation.”
Your property can be taken by the government for a public purpose but they have to pay you a fair price for it.

33. What about the 6th Amendment?
In all criminal prosecution, 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 defence.

34. In a nutshell…. The 6th Amendment guarantees you the right to:
A speedy and public trial with an impartial jury
Know what you are accused of
An attorney
Be tried where the crime occurred
Can you name two of these rights that don’t necessarily occur?

35. The Landmark Case Miranda v. Arizona Facts of the case:
1963: Ernesto Miranda was arrested in Phoenix for armed robbery. He was identified in a police line up by the victim. While in police custody, Ernesto signed a written confession to the robbery, kidnapping, and raping of an 18 year old woman, which occurred 11 days before his current charge. Miranda was convicted and appealed his conviction.

36. The Appeal….
Miranda v. Arizona was heard on appeal in the U.S. Supreme Court in 1965
Miranda claimed that he was unaware of his 5th and 6th Amendment rights when he signed the confession
The confession, which was used in trial, stated that Miranda was aware of his rights under the 5th Amendment, but Miranda was never told of his rights. Miranda’s attorney was also kept from meeting with him prior to trial.

37. The Decision… Case was decided in 1966
The court found that Miranda was deprived of his rights under the 5th and 6th Amendment
His initial year sentence was overturned but he was retried and convicted again

38. Gideon v. Wainwright (1963)
Gideon was an ex-con drifter in Panama City, Florida in 1961
Convicted of stealing beer and $65 from vending machines.
Don’t I have a right to a lawyer?

39. YES!
Lawyers for those unable to pay for it themselves MUST be provided at state expense in ALL cases where loss of freedom might happen.
Later included misdemeanors.

40. The Seventh Amendment Trial by Jury is a right
A judge cannot overrule a jury unless there are particular laws that allow that.
Juries to rule on “just the facts”

41. The Legacy….. Miranda Warning
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

42. In Your Notebooks Answer the following questions
Does Miranda apply when being questioned by law enforcement at a crime scene?
Are statements that are volunteered by the suspect, at any time, admissible in court?
Can the police question you in an effort to get facts?
Does Miranda apply when you are being questioned during a traffic stop?