2.1 day 4 ppt

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  • 1. 2.1 Daily Sheet 4

2. How has the Supreme Court interpreted the rights of the accused? 3. Reasonable Search and Seizure: police or other authorities, who suspect a crime, can conduct a search of a person's property and confiscate any relevant evidence if they have probable cause. Double Jeopardy: a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. Due Process: legal requirement that the state must respect all of the legal rights that are owed to a person. Stare Decisis: Latin for "to stand by things decided, judges are obliged to respect the precedent established by prior cases. 4. 4th Amendment: no unreasonable searches and seizures Done on a case-by-case basis Usually police must have probable cause and awarrant (they must state what they are looking for and where)They do not need a warrant to search and arrest a person they see breaking the law So if they pull you over for speeding, they can nowseize drugs you may have (1996) Can search garbage (1998) Drug tests are okay b/c they protect public safety 5. Exclusionary Rule: any illegally obtained evidence (w/o warrant) can not be used in court Weeks v. US 1914 Mapp v. Ohio 1961If the police or courts make a mistake but were acting in good faith its okay US v. Leon 1984Also, if discovery was inevitable its okay, but must be proved Nix v. Williams 1984Can search inside autos if they believe there may be evidence California v. Acevedo 1987 6. Getting an education isn't just about books and grades - we're also learning how to participate fully in the life of this nation. Today, concerns about drugs and violence sometimes trump privacy rights. For example, federal courts have found that students' 4th Amendment right against unreasonable searches and seizure do no always apply in a public school setting. 7. School officials (not police) do not need warrants or probable cause to search students or their property, all they need is reasonable grounds to believe that the search will uncover evidence that the student has broken school rules 8. DO I HAVE A RIGHT TO PRIVACY WHEN I'M IN SCHOOL? Yes and no. Since public schools are run by the government, they must obey the Constitution. However, you do have fewer privacy rights in school than outside of school. Some of the so-called solutions to problems like drugs and violence - such as searching us or planting undercover cops in the hallways to spy on us - can abuse students' rights. It's like, hey guys, this is school, not prison! 9. WHAT SHOULD I DO IF A TEACHER WANTS TO QUESTION OR SEARCH ME? You have the right to remain silent if you're questioned. Usually there is no problem w/ answering a few questions to clear something up. But if you think that a teacher suspects you of having committed a crime, don't explain, don't lie and don't confess, because anything you say could be used against you. Ask to see your parents or a lawyer. The Supreme Court ruled in 1985 in New Jersey v. T.L.O. that school officials, unlike police, may search students without a warrant when they have "reasonable grounds for suspecting that the search will turn up evidence that the student has violated... either the law or rules of the school." But school officials may not search you unless they have a good reason to believe that you in particular -- not just "someone" -- broke a law or a school rule. So, if a teacher thinks she saw you selling drugs to another student, she can ask you to empty your pockets and can search your backpack. But just because they think some students have drugs doesn't give them the authority to search all students. 10. And no matter what, the search must be conducted in a "reasonable" way, based on your age and what they're looking for. Strip searching is illegal in many states, and where it is allowed, there has to be a solid reason to suspect a particular student of having committed a really serious crime. In some states, courts have ruled that a student's locker is school property, so the school can search it. But in other states, school officials must have "reasonable suspicion" that you are hiding something illegal before they can search your locker. Your local ACLU can fill you in on your state laws. But here's a word to the wise: don't keep anything in your locker that you wouldn't want other people to see. 11. WHAT'S THE DEAL WITH DRUG TESTS OR ALCOHOL TESTS? A drug or alcohol test is a search, but whether the officials in your school have to have "reasonable suspicion" that you're a user before they can make you take a test depends on what state you live in. A Supreme Court decision in 1995 in a case called Vernonia v. Acton said that student athletes can be tested for drugs because athletic programs are voluntary, and student athletes are role models. Students all over the country are protesting random testing programs, where officials test a few individuals or force a whole class to be tested just because they suspect that "someone" is doing drugs. Check with your local ACLU to know what the deal is in your state. 12. WHAT ABOUT METAL DETECTORS? They're allowed in many states because the courts have ruled that a metal detector is less of an invasion of privacy than frisks or other kinds of searches. Some states have guidelines to protect students' rights. California, for example, allows metal detectors in its schools, but says they can't be used selectively just on certain students that's discrimination. 13. Must have a warrant for this!!! That is why so many people are upset about the government looking at emails and texts of US citizens. 14. You have the right to an attorney in criminal cases This was always the case in federal courts but not in state courts until Gideon v. Wainwright 1963 15. I plead the fifth The prosecution bears the burden of proof, you do not have to say a thing Escobedo v. Illinois 1964 You must have an attorney and right to remainsilent or evidence gained will be excluded (just like with search and seizure) Miranda v. Arizona 1966 Must be advised of this and other rights, if you askfor an attorney they must stop talking to you 16. Cant be tried twice for same crime, sometimes there is more than one crime involved in certain acts. Cant be punished civilly if convicted criminally If youve already been punished civilly, you can still be convicted criminally 17. Death Penalty is always questioned under this right Courts have not said death is cruel and unusual but that certain kinds of death for certain kinds of crimes are considered cruel and unusual No crime can have a mandatory death penalty