1. Chapter 20: Civil Liberties: Protecting Individual Rights Section 2

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Objectives
Outline Supreme Court decisions regarding slavery and involuntary servitude.
Explain the intent and application of the 2nd Amendment’s protection of the right to keep and bear arms.
Summarize the constitutional provisions designed to guarantee security of home and person.
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Key Terms
involuntary servitude: forced labor
discrimination: prejudice or unfairness
writs of assistance: blanket search warrants used by British customs officials to invade and search private homes
probable cause: reasonable suspicion of a crime
exclusionary rule: rule that states evidence gained illegally by the police cannot be used at the trial of the person from whom it was seized
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Introduction
How does the Constitution protect the freedom and security of the person?
The 13th Amendment outlaws slavery and many forms of involuntary servitude.
Supreme Court drew distinction between involuntary servitude and ‘duty’.
The 2nd Amendment protects the right to bear arms.
The 4th Amendment protects against unreasonable searches and seizures.
involuntary servitude: forced labor - Black Codes led to arrests of ex-slaves who had to pay off the bail through work
D.C v. Heller and McDonald v. Chicago interpreted in 5-4 decision that 2nd Amendment to mean the ‘right to bear arms’
writs of assistance: blanket search warrants used by British customs officials to invade and search private homes
probable cause: reasonable suspicion of a crime
exclusionary rule: rule that states evidence gained illegally by the police cannot be used at the trial of the person from whom it was seized
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13th Amendment
The 13th Amendment outlawed slavery in 1865.
What kinds of involuntary servitude are permitted today?
Citizens are drafted into the military.
Convicts can be imprisoned and forced to work.
involuntary servitude: forced labor
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13th Amendment, cont.
For many years the Supreme Court allowed racial discrimination by private individuals and businesses.
Beginning in 1968, the Court began ruling that racial discrimination violates the 13th Amendment.
Under current laws, all citizens must have an equal right to buy, sell, and hold property and to enter and enforce contracts.
NOTES TO TEACHERS: The 1968 case was Jones v. Mayer. The third bullet refers to the requirements of the Civil Rights Act of 1866 and the Supreme Court case Runyon v. McCrary, 1976.
Jones v. Mayer - C.R.Act of right to inherit, purchase, lease, sell, hold and convey real and personal property (based on C.R.Act 1866) - Mayer refused to sell home to Jones who was black originally overtured by Taney Court - Law was upheld by Warren Court - ” right to buy whatever a white man can buy and the right to live wherever a white man can live” (Potter Stewart)
Runyon v. McCrary - - Two private schools refused to admit two African American Students - violated 13th Amendments provision guaranteeing legal equality in making contracts. (not just property)
C.R. Act of protects all “identifiable classes of persons who are subjected to intentional discrimination soley due to the classification” (ancestry or ethnic characteristics)
13th Amendment - gives Congress the right to attack “the badges and incidents of slavery” from whatever source they may come.
Discrimination in hiring or on the job discrimination is made illegal through the C.R. Act of 1964
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2nd Amendment
The 2nd Amendment protects “the right of the people to keep and bear Arms.”
There has been controversy over whether this right, which was added to protect the idea of the citizen soldier, applies to all individual citizens.
NOTE TO TEACHERS: The image shows, a statue, called The Minuteman, which honors the colonial militia.
D.C v. Heller and McDonald v. Chicago interpreted in 5-4 decision that 2nd Amendment to mean the ‘right to bear arms’ 7
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Home Security
The 3rd Amendment forbids soldiers from being housed in private homes without the owner’s consent except in wartime.
The 4th Amendment was adopted to prevent the use of blanket search warrants to search private property.
This same right is provided by each state constitution and is applied to the states by the 14th Amendment.
To prevent the use of writs of assistance - blanket search warrants for smuggled goods
Warrant with probable cause
Reasonable suspicion - police may conduct a ‘stop and frisk’ with reasonable suspicion if police believe a crime is about to be committed. (acceptable reasons - fleeing police and upon arrest Illinois v Wardlow, 2000; ‘casing’ a store; believes person is armed and dangerous; evidence in plain view
Minnesota v. Carter(1999) - cocaine in plain view through window of house; information roadblocks in Lidster v Illinois,
2004)
(unacceptable reasons - anonymous tip, unsupported by any other evidence)
Traffic Stops - ‘movable scene of crime’ could disappear while warrant is being sought
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Probable Cause
In most situations, police officers looking for evidence must first gain a search warrant from a court by showing that they have probable cause to suspect a crime.
This rule does not apply if the evidence of a crime is in plain view.
Police officers do not need a warrant to search a suspect or the immediate area after making a legal arrest.
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Probable Cause, cont.
Police officers must have reasonable suspicion that a crime has occurred or is about take place before they stop and arrest or search a person.
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Probable Cause, cont.
Today police need probable cause, but not a warrant, to search vehicles and passengers that they have lawfully stopped or suspect of being involved in a crime.
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Exclusionary Rule
Under the exclusionary rule, evidence gained illegally by police cannot be used as evidence against the person from whom it was seized.
This is meant to limit police misconduct, but critics say it protects criminals.
The Supreme Court has ruled that federal and school district drug-testing programs are legal and do not require warrants.
Established in Weeks v. U.S. (1914) ruling established the exclusionary rule - before that, the only consequence of illegal searches were punitive measures to police officer (firing or suspension)
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Mapp v. Ohio
Mapp v. Ohio, 1961, extended the exclusionary rule to the states.
State and local police cannot use evidence gained by unreasonable searches and seizures in court.
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Exceptions
The exclusionary rule may not apply in any of the following situations:
The evidence would have been discovered legally. Eventual Discovery
Police fail to announce their presence before serving a warrant but do not endanger anyone by doing so.
Officers make an honest mistake by accidentally performing a search with a faulty warrant or searching the wrong place.
Good Faith Exception
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Patriot Act
The Patriot Act was passed in 2001 to increase the government’s power to fight terrorism.
The Act allows federal agents to conduct searches of a suspect’s home when no one is there and to collect visual and written evidence without a warrant.
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Wiretapping
Checkpoint: How did the Court’s ruling in Katz v. United States differ from its ruling in Olmstead v. United States?
In Olmstead, the Court held that an electronic wiretap did not need a warrant because it was not a physical search.
In Katz, the Court ruled that people have a right to private communications and that wiretaps required warrants.
Checkpoint Answer: In Olmstead, the Court ruled very literally that electronic surveillance did not involve a physical search and so was not covered by the 4th Amendment. In Katz the Court overturned this ruling and argued that people have a reasonable expectation of privacy in certain communications such as private phone calls, and search warrants must be obtained before wiretaps are permitted by law.
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Wiretapping, cont.
The Bush administration authorized warrantless wiretaps of Americans suspected to have ties to terrorism.
When this secret program was revealed, the administration defended its actions as a reasonable use of the President’s authority as commander in chief.
This issue remains unresolved.
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Review
Now that you have learned about how the Constitution protects the freedom and security of the person, go back and answer the Chapter Essential Question.
To what extent has the judiciary protected the rights of privacy, security, and personal freedom?
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