The Fourth and Fifth Amendments

1
The Fourth and Fifth Amendments

• How do they protect our rights?

2
The Fourth Amendment

• The fourth amendment protects the right of
  people to be secureagainst unreasonable search
  and seizure
• It doesnt specifically state a right to privacy,
  but the courts have interpreted it that way

3
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?)

4
More on the 4th

• The exclusionary rule prevents the use of
  illegally seized evidence
• No-knock warrants can be executed under specific
  circumstances

5
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

6
The Fifth Amendment

• The fifth amendment lists many protections
• Grand Jury
• Double Jeopardy
• Self-incrimination
• Due Process
• Eminent domain and private property

7
Self-Incrimination

• No personshall 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 ones own trial

8
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 cant be triggered in cases of a
  hung jury or a mistrial, only when a verdict of
  Not Guilty is given

9
Eminent Domain

• Ones private property can be taken with just
  compensation and fair notice, typically for
  public use

10
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?