Thursday, April 30 th 7B Social Studies
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1 Thursday, April 30 th 7B Social Studies Inquiry: How has the Supreme Court interpreted the Constitution to meet the demands of a changing society? How does the context (time and place) effect how the Supreme Court interprets a right in the Constitution? Goal: Students will read and watch a video about Mapp v. Ohio, one of the Supreme Court s most famous 4 th Amendment cases. (CCSS.ELA-Literacy.RH.6-8.1) Agenda 1. Mapp v. Ohio (cont.) 2. 4 th Amendment Cases Homework 1. No homework!
2 What Does The Fourth Amendment Say? 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 affirma9on, and par=cularly describing the place to be searched, and the persons or things to be seized.
3 We are going to con=nue watching the documentary about one of the Supreme Court s most famous 4 th Amendment cases, Mapp v. Ohio. We will be taking notes while watching the documentary. (Download the organizer at my website or take a hard copy.)
4 Case Name and Year: Mapp v. Ohio (1961) What is the historical context of the case? It is the late 1950s in Cleveland, Ohio. The police are very concerned about the rise in illegal gambling businesses in Cleveland. Federal officers have been geung warrants to search homes of suspected criminals, but state and local officers don t bother with warrants. What are the facts of the case? What is/are the ques=on(s) before the court? What Cons=tu=onal clauses or Amendments are involved? The Fourth Amendment and the Fourteenth Amendment What is the Court s ruling? What are the implica=ons of the case (i.e., what does it mean for the law moving forward)?
5 Dollree Mapp
6 Case Name and Year: Mapp v. Ohio (1961) What is the historical context of the case? It is the late 1950s in Cleveland, Ohio. The police are very concerned about the rise in illegal gambling businesses in Cleveland. Federal officers have been geung warrants to search homes of suspected criminals, but state and local officers don t bother with warrants. What are the facts of the case? The police did not have a warrant or consent to enter her house. They came in anyway and took pornographic materials. Dolly was arrested, tried, convicted, and sentenced to 7 years. What is/are the ques=on(s) before the court? Should the 4 th Amendment and the exclusionary rule apply to state and local police ac=ons?
7 Case Name and Year: Mapp v. Ohio (1961) What Cons=tu=onal clauses or Amendments are involved? The Fourth Amendment and the Fourteenth Amendment What is the Court s ruling? The 4 th Amendment AND the exclusionary rule DO apply in state and local cases (overturns the Wolf decision). What are the implica=ons of the case (i.e., what does it mean for the law moving forward)? Be]er police procedures police know they need probable cause and a warrant The Supreme Court applies other rights (5 th and 6 th Amendment rights) to state court cases
8 Katz vs. United States (1967) The user of a public phone booth had an expecta9on of privacy; law enforcement needs a search warrant to electronically eavesdrop.
9 Harlan s Concurrence in Katz 4 th Amendment protec9on requires a subjec=ve expecta=on of privacy that is objec=vely reasonable. Sets up this two- pronged test for future cases In a concurring opinion, a jus9ce agrees with the majority, but wants to write his or her own reasons for the decision.
10 Terry vs. Ohio (1968) The 4 th Amendment prohibi9on on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has commihed, is commiing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous.
11 Kyllo vs. United States (2001) Use of thermal imaging technology to detect excessive heat levels inside the home of a man suspected of growing marijuana under heat lamps cons9tutes a search that is presump9vely unreasonable without a warrant.
12 Ontario vs. Quon (2010) The search of a city police officer's text messages by his government employer was reasonable because public employees don't have an expecta9on of privacy in using employer- provided telecommunica9ons. (The police department had given the employees the pagers.)
13 United States v. Jones (2012) Installing a GPS tracking device on a vehicle and using the device to monitor the vehicle's movements cons9tutes a search under the 4 th Amendment.
14 Florida v. Jardines (2013) A dog sniff at the front door of a house cons9tutes a 4 th Amendment search, so authori9es must first have a warrant.
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