TAH Lesson 2: Rights of Citizens vs. The Government

In this module you will view a presentation which  explains amendments 4-8  to the U.S. Constitution. …

Summary  Constitutional Amendments 4-8  of the Bill of Rights

4. The right of the people to be secure (safe) in their persons, houses, papers, and effects (things), against unreasonable (Unlawful) searches and seizures, shall not be violated (broken), and no Warrants (order) shall issued (given), except when probable cause is proved, and signed by a judge, and it (the Warrant)  must describe the place to be searched, and the people or things to be seized (taken).

5. No person will  be subject for the same offense to be twice put in jeopardy of life or limb; and cannot  be forced to be a witness (speak) against himself in a criminal case, cannot be deprived (denied) of life, liberty, or property, without due process (having your case heard in court) of law; nor shall private property be taken for public use, without just compensation.

6. In all criminal prosecutions, the accused (person) shall enjoy the right to a speedy and public trial, by an impartial (not taking any side) jury of the State, and to be informed of the nature and cause of the accusation (charges) ; able to have witnesses in the person favor and question witnesses against the person, and to have the Assistance of Counsel (lawyer) for his defense.

7.  In cases at common law (civil), where the value is more than twenty dollars, the right of trial by jury shall be allowed in any Court in the United States.

8. Excessive (unreasonably high) bail nor excessive fines imposed (given), nor cruel and unusual punishments inflicted.


 

ACTIVITIES AND ASSIGNMENTS

1. Watch the three videos below (scroll all the way down) to learn more about the first  Amendments 4-8  to the Constitution.

3.  For your next assignment, you will complete the case study number that addresses the issue of Rights of the Accused. This was an actual case that went all the way to the United States Supreme Court. How do you think the Supreme Court decided? Read all about below!!!! Then answer the question below in one paragraph. 

New Jersey v. T.L.O. (1985)
Issue: Privacy Rights at School
Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily

Background
T.L.O. (Terry), a 14-year-old freshman named “Terry” at Piscataway High School in New Jersey, was caught smoking in a school bathroom by a teacher. The principal questioned her and asked to see her purse. Inside was a pack of cigarettes, and a illegal drugs. The police were called and “Terry” admitted selling drugs at school.

Her case went to trial and she was found guilty of possession of illegal drugs and placed on probation. Terry appealed (fought) her conviction (being guilty), claiming that the search of her purse violated her Fourth Amendment protection against “unreasonable searches and seizures” of property.

QUESTION

Based upon what you learned about the 4th amendment (search and seizure). Do you believe the school (principal) had the right to search the students property and bag? Explain why your thinking.