State v. Tate: Role of the Courts, Criminal Trials, and the Fourth Amendment (Grades 8 and 9) Overall Learning Target

● In a world of social media and changing technology, what is the role of the court in determining the future of the Fourth Amendment?

Overall Goals: Students will be able to

● answer the above question in written form using evidence derived from experts, statistics, examples, and court cases.

● participate in Socratic Seminar / class discussion in which they respond to the above question orally using evidence derived from experts, statistics, examples, and court cases.

Lesson Name and Overall Questions

Materials Objective and Standards

Lesson 1: Role of the Judicial Branch in the US

1. What are the three branches of government

2. What are checks and balances among these three branches?

3. What is the role of the Judicial Branch of the United States

4. What is the difference between state and federal courts?

Pass out Student Materials (modify based on what you would like to cover) Share or project the Judicial Branch PowerPoint to discuss the roles of the judicial branch; instruct students to answer questions in Student Materials. Share or project the Checks and Balances PPT to discuss the separation of powers between the three branches of government and the checks the judicial branch has on the other two. Instruct students to read about state and federal courts in the student materials in order to describe the difference between the two court systems If time allows, read the example court case and discuss if that would be tried in a state or federal court

SWBAT explain the purpose of the Judicial Branch D2.Civ.5.6-8. Explain the origins, functions, and structure of government with reference to the U.S. Constitution, state constitutions, and selected other systems of government. D2.Civ.4.6-8. Explain the powers and limits of the three branches of government, public officials, and bureaucracies at different levels in the United States and in other countries.

Lesson 2: How the Court System Works

1. What is the difference between criminal and civil law?

2. What is the purpose of an appeals court?

3. What are the steps in a civil trial?

Pass out Student Materials (modify based on what you would like to cover.) Share the link to the Crash Course Video or watch as a class. Instruct students to answer questions about the video in Student Materials. Give students the link to Your Day in Court, a website that provides step-by-step information about criminal and civil trials. When they are done reading through the information and updating their notes in the Student Materials, instruct students to attempt the Student Challenge at the bottom of the page.

SWBAT define criminal law, and explain the process of a trial. D2.Civ.5.6-8. Explain the origins, functions, and structure of government with reference to the U.S. Constitution, state constitutions, and selected other systems of government.

Lesson 3: How the Supreme Court Works

1. How does a case

Pass out Student Materials (modify based on what you would like to cover.) Share the link to the Crash Course Video or watch as a

SWBAT describe how cases reach the SC and summarize well-known SC cases related to teenagers.

reach the Supreme Court?

2. What is a majority and dissenting opinion?

3. What are some important Supreme Court cases related to teens?

class. Instruct students to answer questions about the video in Student Materials. Share the link to the article, 10 Cases Every Teen Should Know. Assign small groups to each read about a different case and to prepare a short presentation teaching other students about that case. During presentations, students should fill in the informational table in their Student Materials.

D2.Civ.5.6-8. Explain the origins, functions, and structure of government with reference to the U.S. Constitution, state constitutions, and selected other systems of government.

Lesson 4: The Fourth Amendment and Search Warrants

1. What rights are guaranteed under the fourth amendment?

2. What is a search warrant and when are they required?

3. What is the exclusionary rule?

Pass out Student Materials (modify based on what you would like to cover.) Divide students into partners or equally into four groups. Instruct students to read their group’s numbered section of the “Fourth Amendment Jigsaw” activity. After groups have read, have each group give two main ideas from their section of the text while the rest of the groups write those down in the Jigsaw Table. Instruct students to read “Search Warrants and the Exclusionary Rule” in the student materials and respond to the questions. Project or share the link to the Crash Course Video and instruct students to fill out the table in their student materials. EXTENSION: Give students the summaries of Fourth Amendment Supreme court cases. Students can choose or be assigned a case to study online. After about 15 minutes of online research, instruct students to summarize the case and their opinion of the decision in their student materials.

SWBAT define search warrant, Exclusionary rule, and probable cause D2.Civ.12.6-8. Assess specific rules and laws (both actual and proposed) as means of addressing public problems.

Lesson 5: State v. Tate Introduction

Pass out Student Materials (modify based on what you would like to cover.) Either print out the following articles or share the links with students and instruct them to fill out the required information in the table in their student materials.

● MJS Article ● Background/Facts of the Case from the WI SC

Opinion ● Stingray Video

SWBAT summarize State v. Tate including information about the original case and appeal D2.Civ.12.6-8. Assess specific rules and laws (both actual and proposed) as means of addressing public problems.

Lesson 6: Appellate Court in the US (tie in Tate appeal)

Guide students through the Court of Appeals Role Play If needed, instruct students to read the Role of Appellate Courts in the United States for more background information Read the Background/Facts of the Case from the WI

SWBAT describe how the appeal process works in the US court system D2.Civ.11.6-8. Differentiate among procedures for making decisions in the classroom, school, civil society, and local, state, and

SC Opinion as a class or in small groups to determine how Tate appealed his case. Instruct students to fill in the relevant information in the Student Materials under Lesson 5.

national government in terms of how civic purposes are intended.

Lesson 7: State v. Tate and the Fourth Amendment

In order to teach students about State v. Tate, use the following resources Overview of State v. Tate, view from the beginning to 8:30.

○ This clip should be viewed together as a class. It provides a great overview of the case in fairly easy to understand language.

○ It is recommended that you show this clip at both the start and the end of the class discussion of State v. Tate

State v. Tate, annotated version for students ○ Note that there is a case analysis form

students can use to help digest the case Oral Arguments for State v. Tate, begin at 13:40. The oral argument is fairly technical and addresses some complexity in the law. It is recommend that you show excerpts of each of the attorney’s presenting their arguments.

○ Atty. Byron Lichstein (Tate’s attorney) is the first to make arguments before the court because is the appellant - he is the side asking the court to review the case

○ Atty. Jeff Kassel (from the Wisconsin Department of Justice, represents the state in the appeal) begins at approximately 41:50

○ Justice Ann Walsh Bradley ask some key questions about the technology at approximately 59:50.

SWBAT summarize key points of arguments in State v. Tate and describe the key issues of the case as they relate to the fourth amendment D4.4.6-8. Critique arguments for credibility. D2.Civ.12.6-8. Assess specific rules and laws (both actual and proposed) as means of addressing public problems.

Lesson 9: Should Tate go free?

Students should begin preparing for the Philosophical Chairs Discussion for the following question: → Was it proper for the state to issue an order to locate Tate’s cell phone when the phone wasn’t evidence of a crime? (resource list, students explore, prepare for discussion) Share the following resources with students to introduce the assessment style and format. Philosophical Chairs How To Video Philosophical Chairs in Action (Video) Philosophical Chairs Activity Directions Students will need to reference the Adapted Court Opinion as they prepare their point of view

SWBAT justify their opinion on State v Tate by using evidence to support that opinion D4.4.6-8. Critique arguments for credibility. D4.1.6-8. Construct arguments using claims and evidence from multiple sources, while acknowledging the strengths and limitations of the arguments.

Lesson 10: Should Tate go free?

SWBAT justify their opinion on State v Tate by using evidence to support that opinion Hold the Philosophical Chairs discussion.

D4.1.6-8. Construct arguments using claims and evidence from multiple sources, while

acknowledging the strengths and limitations of the arguments.

Lesson 1: Role of the Judicial Branch in the US Judicial Branch Powerpoint Questions

1. What is the role of federal courts?

2. What is the purpose of the Supreme Court?

3. Define District Courts.

4. What is the purpose of Appeals Courts?

5. Define Majority Opinion and Dissenting Opinion. Checks and Balances

Term Definition

Checks and Balances

Separation of Powers

● What are three powers or checks given to the Judicial Branch?

Jurisdiction of the Courts: Federal vs. State

As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances. We call this having “limited jurisdiction.” Since the federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts. On the other hand, state courts are courts of “general jurisdiction.” They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal law, state courts interpret state laws. Each state gets to make

and interpret its own laws. This helps the states retain power and makes sure that the national government does not become too strong. FEDERAL COURTS: The federal courts are courts of limited jurisdiction because they may only decide certain types of cases. Basically, federal courts hear only two types of cases; those that raise a “federal question,” and those involving “diversity of citizenship.” These cases involve the U.S. Government, the U.S. Constitution or other federal laws. Examples include:

● A crime that is a violation of federal law, such as bank robbery, drug cases, guns, or kidnapping. ● Cases involving interstate commerce or interstate criminal activity. ● Civil cases based on federal laws, such as laws prohibiting employment discrimination, or laws ● A controversy between two states. ● Between a U.S. citizen and a citizen of another country. ● A controversy arising out of the U.S. Constitution or other federal laws, such as a violation of a protection

guaranteed by the Bill of Rights. STATE COURTS: The state courts are courts of “general jurisdiction.” They hear all the cases not heard by federal courts. About 90% of all the cases heard in the American court system happen at the state level. Examples include:

● A crime that is a violation of state law. Most criminal activity falls in this category, such as robbery, assault, murder, and many drug-related crimes.

● A controversy arising out of the state constitution or other state laws ● A case in which the state is a party, such as state tax violations. ● Most real estate cases, malpractice, personal injury cases, and contract disputes. ● All family, divorce, custody, inheritance, and probate cases.

1. What are the two court systems?

2. Which court system hears more cases?

3. Federal courts only have jurisdiction over two types of cases. What are they?

4. List three example cases that would probably be heard in federal court.

5. Is each of your examples civil or criminal?

6. State courts have jurisdiction over anything not mentioned in #6-7 above. List two example cases that would probably be heard in state court.

7. Is each of your examples civil or criminal?

Example Federal or State? Civil or Criminal?

Mr. Green has a trial for driving while intoxicated, which is against Missouri state law.

Miss Smith has a trial for robbing her neighbor’s house, which is against a Missouri law.

Mr. Garcia sues his doctor for injury from malpractice. Both Mr. Garcia and the doctor are from Missouri.

Mr. Jones uses his cell phone and his car to distribute illegal drugs in Missouri, Iowa, Kansas, and Colorado.

Mr. Ward is suing the hospital because he feels he’s been fired from his job as a nurse due to his participation in a political protest, which is his 1st Amendment right.

ABC Recording Company sues the local radio station for using some of their copyrighted songs in a commercial without paying or giving credit.

Lesson 2: How the Court System Works

“Crash Course: Legal System Basics” Video Questions 1. What are the three jobs of the courts?

2. What is common law? How does it influence later court decisions?

3. What is the role of an appeals court?

4. What is one difference between civil law and criminal law? “Your Day in Court” Notes

Name of the Step Description

1.

2.

3.

4.

5.

Lesson 3: How the Supreme Court Works

“Crash Course: Supreme Court of the United States” Video Questions

1. Describe how a case gets before the Supreme Court.

2. What are briefs?

3. Describe what happens during oral arguments?

4. What is a majority decision? Why are they important?

5. What is a dissenting opinion? Why are they important? “10 Cases Every Teen Should Know”

Case Name Description, Majority Opinion

Lesson 4: The Fourth Amendment

Amendment IV: 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 Fourth Amendment Jigsaw

Directions: Read your assigned section as a group. Be prepared to share out at least two main ideas from your section with your class.

THE FOURTH AMENDMENT 1. Imagine you’re driving a car, and a police officer spots you and pulls you over for speeding. He orders you

out of the car. Maybe he wants to place you under arrest. Or maybe he wants to search your car for evidence of a crime.

Can the officer do that?

The Fourth Amendment is the part of the Constitution that gives the answer. According to the Fourth

Amendment, the people have a right “to be secure in their persons, houses, papers and effects, against unreasonable

searches and seizures.” This right limits the power of the police to seize and search people, their property, and their

homes.

The Fourth Amendment has been debated frequently during the last several years, as police and intelligence

agencies in the United States have engaged in a number of controversial activities. The federal government has

collected Americans’ telephone and Internet connections as part of the War on Terror. Many municipal police forces

have engaged in aggressive use of “stop and frisk.” There have been a number of highly-publicized police-citizen

encounters in which the police ended up shooting a civilian. There is also concern about the use of aerial surveillance,

whether by piloted aircraft or drones.

2. Today the Fourth Amendment places restraints on the government any time it detains (seizes) or searches a

person or property. The Fourth Amendment also provides that “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.” Each search or seizure should be cleared in advance by a judge, and that to get a warrant the government must

show “probable cause”—a certain level of suspicion of criminal activity—to justify the search or seizure.

To the extent that a warrant is required in theory before police can search, there are so many exceptions that in

practice warrants rarely are obtained. Police can search automobiles without warrants, they can detain people on the

street without them, and they can always search or seize in an emergency without going to a judge.

3. The way that the Fourth Amendment most commonly is put into practice is in criminal proceedings. The

Supreme Court decided in the mid-twentieth century that if the police seize evidence as part of an illegal search, the

evidence cannot be admitted into court. This is called the “exclusionary rule.” It is controversial because in most cases

evidence is being tossed out even though it shows the person is guilty and, as a result of the police conduct, they might

avoid conviction.

4. One of the difficult questions today is what constitutes a “search”? If the police standing in Times Square in

New York watched a person planting a bomb in plain daylight, we would not think they needed a warrant or any cause.

But what about installing closed circuit TV cameras on poles, or flying drones over backyards, or gathering evidence

that you have given to a third party such as an Internet provider or a banker?

Another hard question is when a search is acceptable when the government has no suspicion that a person has

done something wrong. Lest the answer seem to be “never,” think of airport security. Surely it is okay for the

government to screen people getting on airplanes, yet the idea is as much to deter people from bringing weapons as it is

to catch them—there is no “cause,” probable or otherwise, to think anyone has done anything wrong. This is the same

sort of issue with bulk data collection, and possibly with gathering biometric information.

What should be clear by now is that advancing technology and the many threats that face society add up to a

brew in which the Fourth Amendment will continue to play a central role.

Directions: Record the main ideas from each section in the table below.

Section Number Main Ideas (Two bullet points)

1

2

3

4

Search Warrants and the Exclusionary Rule How Have the Protections of the Fourth Amendment Been Interpreted, Applied, and Enforced?

The Founders knew that some of the most at risk people in our society are those suspected of crimes. The Fourth Amendment was added to the Constitution to protect the rights of accused persons -and all citizens -from abuse by government.

Due process protections are present in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments to the Constitution. The principle of due process means that, in going about the business of enforcing laws, the government must follow rules and procedures that respect all citizens’ rights. The Fourth Amendment’s warrant requirement provides for one of the most important individual protections: freedom from unreasonable searches and seizures. If the police want to search someone, they must first get a warrant by convincing a court that there is probable cause to believe that an individual has committed a

crime. If the court agrees, they will give the police the permission to act.

When is a Warrant Required? Warrant requirements are not always clear-cut. In general, a search of someone’s home requires a warrant, stating the person and place to be searched and the items to be searched for. The Supreme Court has ruled, however, that many types of searches can be considered “reasonable” even if conducted without a warrant. If a police officer is in a place where he is allowed to be and sees an illegal item in plain sight, the item may be seized without a warrant. Police may also conduct a warrantless search if they believe there is an immediate danger to his life or the life and property of others. In these circumstances, a search is considered reasonable, so long as there is no intent by the officer to either arrest or seize evidence. Cars, the Supreme Court has ruled, can be searched without a warrant, provided the officer legally stopped the vehicle in the first place and has reasonable suspicion that a crime may have been committed. Finally, no warrant is required if an individual voluntary allows a search request.

What is the Exclusionary Rule? All searches are subject to the Exclusionary Rule, which holds that evidence collected through unconstitutional ways may not be used against defendants at trial. The Exclusionary Rule can be controversial. The text of the Fourth Amendment does not require it, and critics argue there are others ways to prevent police from conducting illegal searches that do not threaten public safety by setting guilty people free. Other critics claim the rule does not actually stop officers from conducting illegal searches because they face no personal punishment. Supporters tend to agree with the Court that allowing the government to punish people using evidence it obtained in violation of the law would be unjust and violate the principle of due process.

Like the warrant requirement of the Fourth Amendment, however, the Exclusionary Rule is not absolute. If the police can prove the evidence would surely have been found through legal means, it may be presented in court. This is called “inevitable discovery.”

1. How does the Fourth Amendment’s warrant requirement protect you?

2. When is a search warrant required?

3. What is the Exclusionary Rule? Summarize in your own words.

“Crash Course: Search and Seizure” Video Table

Search Warrant

Probable Cause

Requirements of a warrant: specific

Exclusionary Rule

Student privacy protections in school

Lesson 5 & 6: State v. Tate Introduction

Directions: Read/Watch the provided resources in order to find and record information about the following topics.

Summarized facts of the original case ● Who is Bobby Tate? ● How was he located? ● What crime was he convicted of? ● Did the police use a search warrant?

Stingray

Tate’s Appeal

Lesson 7: State v. Tate and the Fourth Amendment State v Tate Oral Argument Notes

Tate’s Arguments, Attorney Byron Lichstein State of Wisconsin’s Argument (Assistant Attorney General Jeffrey Kassel

State v Tate Case Notes

Issue: this is the question the Court is being asked to answer.

Whether law enforcement officers performed an illegal search when they tracked his cell phone using cell site information and a Stingray Phone Tracker 1.The tracking was a search under the United States and Wisconsin Constitutions and 2.The Judge who authorized the search lacked the authority/power to issue an order/warrant authorizing

the police to track Tate’s phone

Facts: state those facts that are relevant (essential) to understanding the case)

Law: May be any or all of the following ● case law ● statutory law ● constitutional

law

Analysis: How does the Court reach its conclusion

Holding: the Court’s decision, who wins

Lesson 8: State v. Tate Philosophical Chairs Preparation

Claim Evidence

Lesson 4: Extension Activity

The Fourth Amendment and Technology Directions: Below is a list of Supreme Court cases related in some way to technology. After reading the descriptions of each case, select one case to research further online. When you have finished your research, write a summary of the case and your opinion of the court decision in the space provided. Kar V. United States In 1965, Charles Kar was suspected by the FBI of being involved in illegal interstate gambling. He would often use a pay-phone near his apartment to place his bets, so police attached a listening device to the outside of the phone booth to record his conversations. He was arrested and later convicted. He challenged the search on the basis that his conversation, though in a public location, was private and protected by the Fourth Amendment. The Supreme Court agreed in Kar v. United States (1967), stating that the Fourth Amendment protected “people, not places,” and that Kar had a “reasonable expectation of privacy” that was protected from an unreasonable government search.

Kyllo v. United States The case of Kyllo v. United States (2001) concerned issues of technology and privacy. Police believed Danny Kyllo was growing marijuana in his home. They used a heat-sensing device to look for the signs of heat lamps that are commonly used to grow the illegal plants. The Court found that the police actions were an illegal search, as the government “used a device...to explore the details of the home...[which is] unreasonable without a warrant.”

United States v. Jones The widespread use of GPS devices has prompted constitutional questions about privacy and the Fourth Amendment. Antoine Jones was suspected of possessing and dealing drugs. In 2005, police attached a GPS-tracking device to his car without a warrant. They traced his movements for nearly a month. In mapping his whereabouts, along with other evidence, police were able to tie Jones to locations where drug transactions were known to occur. In United States v. Jones (2012), the Supreme Court unanimously agreed that the warrantless GPS tracking was an unreasonable search. The Court further argued that while Jones drove on public streets, he did so with a “reasonable expectation” of privacy. This ruling may prove an important precedent in future cases, as many Americans now carry GPS-enabled cell phones as they go about their daily lives.

New Jersey v. T.L.O. Tracy was a high school student in New Jersey, and exited the girl’s bathroom smelling like smoke. A teacher took Tracy to the principal’s office, where an Assistant Vice Principal searched her purse, finding cigarettes, rolling papers, a pipe, and other evidence of marijuana use. In New Jersey v. T.L.O. (1985), the Supreme Court upheld the constitutionality of the search, adopting a lower standard than is applied to police in criminal situations. The court stated that school officials only needed “reasonable suspicion,” not probable cause or a warrant, to search students. Safford Unified School District v. Reading The Supreme Court found in 2009 that Arizona school officials went too far in strip-searching a 13 year old student who they thought might be distributing ibuprofen (Advil). In Safford Unified School District v. Reading

(2009), the Court ruled that while schools have search authority to root out contraband, the search couldn’t be “excessively intrusive,” in light of the age and sex of the student, and the nature of the items being searched for.

Vernonia School District v. Acton Drug tests can also be a kind of “search,” and the Supreme Court has weighed in on the use of them by public schools. In the 1995 case of Vernonia School District v. Acton, the Court ruled that schools may force athletes to submit to random drug tests. In Board of Education of Pottawatomie County v. Earls (2002), students fought a school rule that required drug testing for all extra-‐ -curricular activities, not just sports. The drug test was even a condition to take courses such as band or choir. The Court upheld the policy because it “reasonably served the School District’s important interest in preventing drug use among students.

Summarize your court case and give your opinion of the Court’s decision, with reasoning.