the fourth and fifth amendments how do they protect our rights?
Post on 22-Dec-2015
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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 4th and 5th 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?
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