4th, 5th, 6th, 7th, 8th Amendments

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. The 4th Amendment protects us against

searches unless there is probable cause and a warrant forProbably cause more than bare suspicion,

common sense standardSearching for illegal items or evidenceSeizure of contrabandArrest or detainment

○ The 4th is tied to the 5th because it provides for your due process rights and prohibits self-incrimination

Probable Cause When does the 4th

Amendment apply?Search by

government or government agent

Can search areas in which evidence may be found

Areas where an expectation of privacy is shown○ Phone booth-yes○ School locker-no○ House-yes○ Trash-no

Warrant requirements Gray areas of probable cause Neutral magistrate Supporting evidence Informants Specificity very important Execution of warrant

Exceptions to the 4th Amendment The Plain View Rule Incident to Arrest Motor Vehicle

search for contraband

Inventory search of impounded evidence

Consent searchIncludes Facebook,

MySpace, websites

Border/Airport search

Hot pursuit Emergency situation Evanescent

evidence doctrine Stop and Frisk Rule

(Terry pat downs)

Exclusionary Rule-evidence obtained illegally cannot be used in court Weeks v. US

(1914)-exclusionary rule applied at federal level

Mapp v. Ohio (1961) – exclusionary rule incorporatedMapp charged with

owning obscene books even though police were looking for an urban terrorist

More 4th Amendment cases

Good Faith ruleUS v Leon (1985)Arizona v Evans

(1995) Pat downs

Terry v Ohio (1968) Plain view

Harris v. US (1968) Student searches

New Jersey v. T.L.O. (1985)

More 4th Amendment cases

Arizona v. Johnson (2009)Court ruled a police

officer may search a suspect in a routine traffic stop if they believe the suspect to be armed and dangerous no reason to believe that they are committing a crime.

Safford United School District No. 1 v. ReddingCourt is considering

whether a strip search of an 8th grade student who had the equilivant of 2 Advil pills is constitutional. (By the way, no pills were found)

No person shall be held to answer for a crime, unless on an …indictment of a grand jury, nor shall any person be subject for the same offense to be twice put in jeopardy …; 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.

Grand juries determine if enough evidence exists to justify a trial and the charge

Double jeopardy protects accused from being tried twice for the same crime

Eminent domain-allows the government to buy private property and develop it for public useNorth East MallNew Dallas Cowboy stadiumHighwaysKelo v. City of New London (2005)

5th Amendment

Self-incriminationMiranda v. Arizona (1966)-the Miranda rule

requires that people under arrest must be informed prior to interrogation of their due process rights, the right to remain silent and the right to an attorney○ When does an interrogation start?○ Do the police always have to read you your

rights?

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 an attorney. If you cannot afford an attorney, one will be provided for you at interrogation time and at court.

In all criminal prosecutions, 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 defense.

Gideon v. Wainwright (1963) – Gideon is arrested for his

3rd misdemeanor, tried and convicted after asking and being denied a lawyer

Gideon files a pauper’s petition to Supreme Court which rules in his favor that all people deserve the assistance of council despite the crime

Rompilla v. Beard (2005) – good counsel must be provided

6th Amendment continued Giles v. California (2008)

He killed his girlfriend who had 3 weeks prior told the police he threatened to kill her

The Court sided with GilesDissent: “This case involves a witness who, crying

as she spoke, told police how her former boyfriend (the defendant) had choked her, opened a folding knife, and threatened to kill her. Three weeks later he did…The Court concludes that he may not have forfeited his [6th Amendment] right. In my view, however, he has.”

6th Amendment—right to impartial jury

Importance of jury trialsJuries are a product of

our distrust of government beginning in the 1700s

In Texas, you can get a jury for everything

Criticism about juries is unfounded

Large interests are trying to get rid of juries

8th Amendment --excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Gregg v. Georgia (1976)Court upholds right of states to have a death

penalty as long as a 2-part trial process is provided and a legislature provides standards in what crimes receive the death penalty

Death must not be “cruel and unusual”What about juvenile crimes?

○ Should juveniles be put to death for adult crimes?

What about white-collar crimes and blue-collar crimes?

8th Amendment cases of interest Baze v. Rees (2008)

Lethal injection is an acceptable method of capital punishment (7-2 vote)

Chief Justice Roberts wrote: “Some risk of pain is inherent in any method of execution—no matter how humane—if only from the prospect of error in following the required procedure. It is clear, then, that the Constitution does not demand the avoidance of all risk of pain in carrying out executions.”

Kennedy v. Louisiana (2008)Is the death penalty a permissible sentence under

the 8th Amendment ban on cruel and unusual punishment for the crime of child rape, when the crime did not result in the death of the victim?