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Tag Archives: Self-Incrimination and Involuntariness
Lesson 10: Fourth Amendment – General Principles
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.
Learning Outcomes:
Workflow:
- Read the National Constitution Center on the Fourth Amendment.
- Watch the Kahn Academy video on the Fourth Amendment.
- Watch “Shifting Scales”, a non-partisan research project conducted by Oyez that discusses how the Roberts Court has been interpreting the fourth amendment.
General Principles of the Exclusionary Rule
- Weeks v. US 232 US 383 (1914)
- Wolf v. Colorado 338 US 25 (1949)
- Mapp v. Ohio 367 US 643 (1961)
- Schmerber v. California 384 US 757 (1966)
- Illinois v. Gates 462 US 213 (1983) Overturns Aguilar-Spinelli in favor of ‘totality of circumstances” test.
“Fruits of the Poisonous Tree”
In Schools
Are Exceptions Taking Over the rule?
Inevitable Discovery
Attenuation
Lesson 15: Fifth Amendment
Please watch this discussion of the Fifth Amendment
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Learning Outcomes
- Understand and explain the constitutional protections in the Fifth Amendment.
- Define and explain the grand jury process.
- Define and explain the difference between an indictment and a trial.
Workflow
- Read the National Constitution Center on the Fifth Amendment.
- Watch the Khan Academy video on the Fifth Amendment.
Involuntariness
- Bram v. United States 168 US 532 (1897)
- Frazier v. Cupp 394 US 731 (1969)
- Arizona v. Fulminante 499 US 279 (1991)
- Spano v. New York 360 US 315 (1959)
- Dunaway v. New York 442 US 200 (1979)
