Search and Seizure

R. Huegel

Lehman High School

Rhope25@hotmail.com

 

 

Introduction:

 

The Fourth Amendment of the Constitution guarantees you the right “...to be secure in your person, 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.”

 

Now read the scenario:

 

During your lunch period, you and friend are in the hallway talking loudly and fooling around.  A security officer approaches you and tells you to leave the area.  You ignore the security officer and continue talking.  The security officer then sees you handing a suspicious object to your friend.  The officer calls for back up and they bring the two of you to the security office and search you and find marijuana in your pocket.  You are arrested for possession and intent to sell.

 

Task:

 

Students will decide whether or not the student’s Fourth Amendment has been violated or not.  You will present your argument in written essay form, which you will then use for a simulated class debate.

 

You will be able to complete the task after researching other search and seizure cases using CompuLegal.

Process:

  1. You will be divided into three groups: Prosecution, Defense and Judges.  Each individual will write an essay on the viewpoint you have been assigned.
  2. Please complete the Compulegal analysis on the case New Jersey v T.L.O.
  3. Students will select two other search and seizure cases in order to support their opionion. (see resource list below)
  4. Complete written part of assignment. (see rubric below)

*   State your position (If you are a Judge write your final judgment on the case).

*   Use examples from court cases you researched supporting your position

*   Conclusion of your decision

  1. Prepare for oral debate, by meeting with your group.

*   Day One: 15 minutes for both the Prosecution and Defense to make their arguments.

*   Day Two: 15 minutes for questions by each legal team. Final 15 minutes for Judges to enter a judgment.         

 

 

Resource List:

Compulegal

www.findlaw.com

Search and Seizure Cases

www.supremecourtus.gov

www.fedworld.gov/supcourt

www.tourolaw.edu/patch/SupremeCourtCases.html

 

Evaluation:

RUBRIC

 

Grade

Written Essay

Oral Presentation

A

Thoroughly addresses all aspects of the task by analyzing and interpreting several Supreme Court cases.

Richly supports essay with relevant facts, examples and details.

Writes a well-developed essay, consistently demonstrating a logical and clear plan of organization.

Includes a strong introduction and conclusion.

Argument clearly made, with supporting facts.

Well organized.

Clear articulation, proper eye contact, and good volume.

Used time given.

B

Addresses all aspects of the task by accurately analyzing and interpreting most if the documents.

Includes relevant facts, examples, and details, but discussion may be more descriptive than analytical.

Argument with sufficient information.

Articulation not polished.

Some transitions.

Presented some facts.

C

Addresses most aspects of the task or addresses all aspects of the task in a limited way.

Uses some facts, examples, and details, discussion is descriptive.

Restates the theme in the introduction and concludes with a simple restatement of the theme.

Used a lot of information, not clearly linked to an argument.

Concept and ideas loosely connected.

Mumbling, little expression and little eye contact.

Did not use all of time given.

 

D

Attempts to address some aspects of the task, making limed use of the documents.

Presents few facts, examples, and details; simply restates contents of the documents.

Poorly organized essay, lacking focus.

Vague and missing introduction.

Argument not clear, with no supporting facts.

Repetitive.

Too loud or too soft.

Incoherent.

Did not use time given.

F

Fails to address the task.

Is illegible.

Missing or blank assignment.

Fails to five oral presentation

Totally incoherent. 

 

 

Social Studies, Standard 5:1, 5:3, 5:4 http://www.emsc.nysed.gov/ciai/socst/socstands/socstand.html

English Language Arts, Standard 1

http://www.emsc.nysed.gov/ciai/ela/elastandards/elamap.html

 

 

Conclusion and Follow-up Questions:

 

Do students have the same rights as adults? Please explain.

Do employers have the right to search desks and offices to investigate work misconduct?

Should the police be able to search pockets during a routine pat down?

 

 

This image was taken from:  www.csls.org.za/ images/sl2b.gif