Presentation on theme: "The Fourth and Fifth Amendments How do they protect our rights?"— Presentation transcript:
The Fourth and Fifth Amendments How do they protect our rights?
The Fourth Amendment The fourth amendment protects “the right of people to be secure…against unreasonable search and seizure” It doesn’t specifically state a right to privacy, but the courts have interpreted it that way
What does law enforcement need in order to legally search? A search warrant is a court order obtained from a judge who is convinced that there is a real need to search a person or place In order to get a search warrant, the police must present an AFFIDAVIT (sworn statement of facts) The search warrant MUST be specific (Who? What? Where?)
More on the 4th The exclusionary rule prevents the use of illegally seized evidence No-knock warrants can be executed under specific circumstances
Warrantless Searches Under specific circumstances, searches may be conducted without a warrant. Some examples of those are: * Within Reach * Consent * Trash at Curb * Airport/Border * Hot Pursuit
The Fifth Amendment The fifth amendment lists many protections: * Grand Jury * Double Jeopardy * Self-incrimination * Due Process * Eminent domain and private property
Self-Incrimination “No person…shall be compelled in any criminal case to be a witness against himself” Pleading the Fifth can be exercised by not answering incriminating questions in trials where one is a witness, or by simply not taking the stand in one’s own trial
Grand Jury, Double Jeopardy Grand juries are only convened in federal court – they are not responsible for finding a defendant guilty or innocent, only whether there is enough evidence to charge (indict) a defendant Double Jeopardy can’t be triggered in cases of a hung jury or a mistrial, only when a verdict of “Not Guilty” is given
Eminent Domain One’s private property can be taken with just compensation and fair notice, typically for public use
Discussion Questions Should students be given their full 4 th and 5 th amendment rights in the public schools? Why or why not? Why is the right against self-incrimination important to citizens? Do you agree with the concept of eminent domain? Why or why not?