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?