Introduction
Amendment 4:
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.
Summary:
The government can’t search your house and belongings without a search warrant.
Task
Amendment 4: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.
Big Idea: Stop and Frisk
Fact #1:Obviously no outside legal overseer is going to be able to witness any sizable number of these stops, meaning there is a high likelihood that officers will continue to manufacture suspicion that is unfounded. In addition, it's well known that police officers consider themselves members of a fraternal organization, with all of the implications such a membership carries with it.
Fact #2:For anyone who might not know already, New York City's infamous stop and frisk program is the completely useless policy of the police department to go around randomly molesting anyone they deem to be suspicious, or more correctly described as brown-skinned.
http://www.usccr.gov/pubs/nypolice/ch5.htm
Fact #3:Effective law enforcement and maintenance of safe streets require that officers be granted some discretion to stop and question individuals whom they reasonably suspect to be engaging in criminal activity.
Fact #4:In California v. Hodari D.,[26] the Court examined when an individual has been “seized” pursuant to the parameters of the Fourth Amendment. The Hodari decision relied upon the Court’s observation in Mendenhall, which indicated that an individual has been constitutionally seized, “only when, by means of physical force or a show of authority, his freedom of movement is restrained.
Fact #5:Although this permissible use of race as an identifying characteristic serves as a necessary and efficient means for police to narrow their investigative efforts, police often lower their standards of investigation when a suspect has been described as a minority, thus intruding upon a greater number of individuals who meet the racial description than if the suspect had been described as white.
Fact #6:There is no legal requirement that NYPD officers record stop and frisk encounters with private citizens. Instead, documenting certain types of street encounters has been a longstanding NYPD practice “designed to provide protection to both the police and the public, so that full information is available should follow up or investigation of the stop become necessary.”
Big Idea: Search Warrant
http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-warrant-requirement.html
Fact #7:An application for a warrant must be supported by a sworn, detailed statement made by a law enforcement officer appearing before a neutral judge or magistrate.
Fact #8:The Supreme Court has said that probable cause exists when the facts and circumstances within the police officer's knowledge provide a reasonably trustworthy basis for a man of reasonable caution to believe that a criminal offense has been committed or is about to take place (see Carroll v. United States, 267 U.S. 132 [1925]).
Fact #9:The Fourth Amendment requires not only that warrants be supported by probable cause offered by a sworn police officer, but it also requires that a warrant "particularly" describe the person or place to be searched or seized.
Fact #10:Warrants must provide enough detail so that an officer with the warrant can ascertain with reasonable effort the persons and places identified in the warrant. For most residences a street address usually satisfies the particularity requirement, unless the warrant designates an apartment complex, hotel, or other multiple-unit building, in which case the warrant must describe the specific sub-unit to be searched.
Process
Most cases are taking to long to come to an end because warrents are not being present for court so the trial becomes longer.
More and more crimes are being commited because the police can not search your property because they need a search warrant present. By the time they are able to get a warrant to search your propery the case might be closed and now you have let a criminal of the hook.
Evaluation
http://content.time.com/time/video/player/0,32068,1027506447001_2080296,00.html
QUESTIONS:
What provoked the american revolution?
answer:The French and Indian war was the event that provoked the American Revolution. The French and Indian war or Seven years war, lead to certain events that caused Americans to realize that their English liberties were being denied.
What is covered by the Fourth Amendment?
answer: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.
What has grown with our country?
answer:The constitution has endured for over 200 years because whenever a serious problem has arisen, the people governed by it managed to make adjustments. It also has the advantage that the present people in charge do not demand that it be changed and all the laws passed under it. Thus, unlike Venezuela, the United States will not change its Constitution and its laws to please the current president. It will change some of the laws, but it will not go through and change everything. For the most part, there will be a continuum.
Questions by Anya Warner
Answers by Kiara Clarke
Conclusion
http://content.time.com/time/video/player/0,32068,1027506447001_2080296,00.html
QUESTIONS:
What provoked the american revolution?
What is covered by the Fourth Amendment?
What has grown with our country?
Questions by Anya Warner
Answers by Kiara Clarke