Transcript Amendments #2, 3, 4

CL #3: Amendments #2,
3, 4
1. One can wear
• If true, write true. religious symbols due
• If false, write
to the Establishment
false and
Clause of the first
change the
amendment.
underlined word 2. A newspaper article
to the correct
that purposely tries to
one.
destroy Oprah’s
character could be
slander.
1st Amendment & Schools
• Tinker v. Des Moines
(1969)
– Wearing armbands as
protest agst war
• Hazelwood v. Kuhlmeier
(1987)
– Student newspaper
articles on controversial
issues
2nd Amendment
1. Right to state militia:
protect from gov
2. Right to bear arms
– Many exceptions:
– Wash DC
rd
3
Amendment
• Do not have to quarter troops
4th Amendment
• Freedom from
unreasonable searches
& seizures
– Police need a warrant
• Probable Cause:
proof
– Seizure: take items
Exceptions
• Plain View
• Consent
• Cars
– Reasonable Suspicion
• Arrest
– Cell phones
Hunch
suspicion
probable
100% +
1. The police get a call from an anonymous
source telling him that Susie Q. is going to rob
a bank.
2. Police see a boy wearing a blue shirt and
believe him to be a gang member.
3. Police see Jason run out of the store as the
alarm goes off.
4. Police pull over a teenager for speeding and
see an empty beer can in the back seat.
5. TLO gets caught smoking in the school
bathroom.
Exclusionary Rule
• Items from an illegal search cannot
be used in court
• Mapp v. Ohio (1962)
• Good faith exception
Privacy (implied)
• 4th implies a right to privacy
• Drug Testing: search of body
–Can jobs?
–Can schools?
• Lawrence v. Texas (2003)
Abortion: privacy applied to a
person
• Griswold v Connecticut (1965):
• Roe v Wade (1973)
• Planned Parenthood v Casey (1992)
– Allows states to make some restrictions –
minors notify parents, 24 hr waiting period
– Overturns spousal notification
Searches in schools
• New Jersey v TLO: schools can
search if have reasonable suspicion