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LL May 2022 4th Amendment.pptx

22 Mar 2023
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LL May 2022 4th Amendment.pptx

  1. Welcome! Mr. Reynolds All Criminal Justice Related Courses © 2017 Pearson Online & Blended Learning K-12 USA. All rights reserved. Enjoy the music while we wait on others to join Please complete the poll: “Who is your Criminal Justice teacher? We will start soon
  2. Welcome ALL Criminal Justice Students Asynchronous students- consider joining us live in the future
  3. Class Expectations • Make sure your proper name is displayed (APPROPRIATE nicknames may be added in parenthesis) • Be polite • No rude or offensive comments • All things LL are recorded • No foul language • If you wouldn’t say it in front of dear old granny, don’t say it or type it in class
  4. Class Expectations Cont’d • Make sure all questions/comments are classroom appropriate and academic related • No sharing personal information, including social media accounts • Please save non-topic related questions for end of class, some students may need to leave at 30 minute mark • Private Chat is turned off for safety issues • Most importantly, HAVE FUN!
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  7. Bad Joke of the Day • Two pretzels walked through a sketchy alleyway… • One was a salted, the other was knot.
  8. Today’s Agenda • 4th Amendment • Poll and Discussion Questions • Play a game for extra credit
  9. Teacher Communication • Please answer the phone if your teacher calls or return the phone call • Calls are important to relay vital information • Set up your voicemail • If you screen your calls, save your teachers’ numbers in your phone
  10. Teacher Communication Cont‘d • Webmails are also very important • If a webmail is titled with the words: progress, greetings, or academic intervention, it means they are high priority • These webmails require effort on your part • They are sent for your benefit so that you are successful and can graduate on time
  11. Let’s Hit the Polls • There are 2 polls: • Who is your criminal justice teacher? • MOST IMPORTANT POLL (attendance purposes) • Should law enforcement have a warrant to search you or your property regardless of the circumstances? • Asynchronous learners: share through webmail
  12. Let’s Hit the Polls Cont’d • There is one open ended question • Should illegal aliens or non-citizen visitors have the same protection under the 4th Amendment as US citizens?
  13. Fourth Amendment • 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.
  14. Fourth Amendment • 4th Amendment protects individuals from government intrusions onto their property or of their persons. – Without it, the gov’t could search you and your property at any time without a warrant – It does not ban warrantless searches….only UNREASONABLE searches
  15. Warrantless Searches •Main exceptions (some may vary by state): • Consent • You give permission, usually in writing (complete a form) • Must be owner of property or have legal possession • Emergency • Someone actively being assaulted, someone injured, etc. • Plain view • Contraband in plain sight (cannot be manipulated to make it plain sight) • Hot Pursuit • Police chasing you
  16. Warrantless Searches Continued • Search incident to arrest – You are searched when arrested • Automobile – Car can be searched in certain circumstances, especially during a traffic stop • Inventory – Property in vehicle is inventoried when your car is towed
  17. Voluntary Not the result of duress or coercion Saying yes freely More than mere acquiescence Burden of proof on State Consent
  18. Consent Considerations • Consent can be withdrawn at any time • Consent can be limited • Consent can’t be forced – as threat to get warrant
  19. Plain View • “Lawful Initial Entry” –Entry onto property was lawful, or condition is visible from a public area. • “Immediately Apparent” – At time of viewing, there is probable cause to associate the property in plain view with illegal activity without further investigation.
  20. The Exclusionary Rule 1961 – Mapp v. Ohio •Evidence found illegally must be excluded in court •Deter illegal police behavior
  21. GOOD FAITH EXCEPTION • Federal rule –Suppression of evidence is not required if officers can prove they were operating in good faith –This rule is dependent upon your state law, unless you commit a federal crime
  22. Quick Recap/Overall Thoughts • We discussed several factors concerning the 4th Amendment and your rights as a citizen • Your final thoughts? (asynchronous students let your teacher know what you think)
  23. Questions? • Need clarification on anything?
  24. Thanks for Coming!!! For those who could not join us live, consider joining us next month!
  25. Time for a game • Be polite • Divide into teams • Team with the most points wins 2 extra credit points on lowest discussion post score

Notes de l'éditeur

  1. Make a copy of this and save it in your own Drive folder.
  2. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  3. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  4. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  5. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  6. Introduction This template can be used for a recording or for a LiveLesson session In the next few slides, include information about yourself such as your: teaching experience education Interests/hobbies
  7. Here are some links to provide highlights from: Student Code of Conduct and Honor Code Academic Integrity for Students TempZeroPolicy1819Final
  8. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  9. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  10. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  11. I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me! Provide your Contact information
  12. Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police. 4th Amendment protects individuals from government intrusions onto their property or of their persons. “No warrants shall issue but Upon probable cause Supported by oath or affirmation Particularly describing the place to be searched and the persons or things to be seized” It does not ban warrantless searches….only UNREASONABLE searches SCOTUS using reasonableness approach; separate from reasonableness requirement Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply. Main exceptions: (WILL TALK ABOUT) Consent, or Emergency Plain view (Others is law enforcement context)
  13. Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police. 4th Amendment protects individuals from government intrusions onto their property or of their persons. “No warrants shall issue but Upon probable cause Supported by oath or affirmation Particularly describing the place to be searched and the persons or things to be seized” It does not ban warrantless searches….only UNREASONABLE searches SCOTUS using reasonableness approach; separate from reasonableness requirement Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply. Main exceptions: (WILL TALK ABOUT) Consent, or Emergency Plain view (Others is law enforcement context)
  14. Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police. 4th Amendment protects individuals from government intrusions onto their property or of their persons. “No warrants shall issue but Upon probable cause Supported by oath or affirmation Particularly describing the place to be searched and the persons or things to be seized” It does not ban warrantless searches….only UNREASONABLE searches SCOTUS using reasonableness approach; separate from reasonableness requirement Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply. Main exceptions: (WILL TALK ABOUT) Consent, or Emergency Plain view (Others is law enforcement context)
  15. Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police. 4th Amendment protects individuals from government intrusions onto their property or of their persons. “No warrants shall issue but Upon probable cause Supported by oath or affirmation Particularly describing the place to be searched and the persons or things to be seized” It does not ban warrantless searches….only UNREASONABLE searches SCOTUS using reasonableness approach; separate from reasonableness requirement Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply. Main exceptions: (WILL TALK ABOUT) Consent, or Emergency Plain view (Others is law enforcement context)
  16. WHO and HOW of consent Would a reasonable person feel free to refuse officer’s request and terminate encounter Competent adult with authority to consent.
  17. Mapp v. Ohio provided that the exclusionary rule applied to state as well as federal officials. Purpose of the exclusionary rule is to deter illegal police (or other governmental) behavior. Exclusionary rule has been criticized as harsh, too much of a cost. Can argue it does nothing to deter conduct that does not rise to the level of being intentional or reckless. I.e., honest mistake. “Good faith exception.” NOT IN CT!
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