Impact of Supreme Court
Cases on Law Enforcement
Course
Law
Enforcement I
Unit III
United States
Legal Systems
Essential
Question
What impact
do US
Supreme Court
decisions have
on law
enforcement
officers in their
daily activities?
TEKS
§130.293(c)
(5)(B)
Prior Student
Learning
none
Estimated
Time
3 to 6 hours
Rationale
There are certain legal requirements and procedures that law enforcement
officers are required to follow. Many of these requirements stem from decisions
made by the US Supreme Court. It is important for students who want to
pursue law enforcement careers to understand that developments in case law
can impact how officers perform their jobs.
Objectives
The students will be able to:
1. Recognize the importance of a law enforcement officer’s responsibility to
stay updated on case law affecting the performance of his or her duties
2. Identify relevant facts and issues of certain Fourth Amendment cases
3. Describe the applicability of three Supreme Court cases surrounding the
Fourth Amendment
4. Teach the class about a trial
Engage
Recite the 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 Warrant 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.”
Ask the students the following questions to inspire a class discussion:
 What words or phrases in the Fourth Amendment need to be clarified?
(unreasonable, searches, seizures, secure in their persons, houses,
papers and effects, probable cause, violated)
 Can an officer search for evidence in the trash that you put on the curb
without a warrant? (Yes, you don’t have a protected privacy in trash you
put out on curb; Kentucky v. King)
 Can an officer enter and search your house, without a warrant, after
knocking and announcing when he or she smells marijuana burning and
hears evidence being destroyed? (Yes, since garbage bags that have
been placed outside are “readily accessible to animals, children,
scavengers, snoops, and other members of the public,” there should be
no reasonable expectation of privacy when it comes to their contents;
California v. Greenwood)
Use the Discussion Rubric for assessment.
Key Points
I. Criminal Procedure
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A. Purpose
1. Protect citizens
a) Before arrests
b) During arrests
c) After arrests
2. Protect law enforcement officers
a) From liability
b) In obtaining admissible evidence
3. Specific methods and limitations
B. Location
1. Federal Statutes
a) U.S. Code Title 18: Crimes and Criminal Procedure
2. State Statutes
a) Texas Code of Criminal Procedure (CCP, Art. 39.14)
3. Case Law
a) From federal court decisions
b) From state court decisions
II. Fourth Amendment
A. “The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable reaches and seizures, shall not be
violated, and no Warrant 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.”
B. Search and Seizure
1. Search – the exploration or examination of an individual’s home,
vehicle, or person by a law enforcement officer to obtain items that
may be used by the government as evidence in court proceedings
2. Seizure – the taking, by law enforcement officers, of potential
evidence in a criminal case. Also applies to the exercise of dominion
over a person or thing because of a law violation (i.e. stopping,
deterring, or arresting a person)
C. When the Fourth Amendment applies
1. An individual is stopped by an officer for questioning while walking
down the street
2. An individual is stopped by an officer in a vehicle for a traffic violation
a) Search of vehicle
b) Questioned by officer
3. An individual is arrested
4. An officer enters an individual’s residence to place him/her under
arrest
5. An officer enters an individual’s residence to search for evidence of a
crime
6. An officer enters a place of business to search for evidence of a
crime
7. An officer takes possession of an individual’s vehicle or personal
property and places it under police control
D. Requirements
1. Search Warrant
a) A written order issued by a magistrate and directed to a peace
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officer to look for property/evidence
b) Peace officers must have probable cause to request search
warrants
2. Exceptions to search without a warrant (A COP IS ME)
a) Abandonment
b) Consent
c) Open view/plain view
d) Public place
e) Inventory
f) Search incident to arrest
g) Mobile Doctrine
h) Exigent Circumstances
III. Mapp v. Ohio (1961)
A. Facts of the Case
1. Police went to Dollree Mapp’s home to look for a bombing suspect
thought to have bombed Don King’s home
2. Ms. Mapp asked for the search warrant, which they did not have
3. Police returned and forced their way into Ms. Mapp’s home
4. Ms. Mapp asked to see the warrant
5. Officer waived a piece of paper
6. Ms. Mapp grabbed paper and put it down her shirt
7. The paper was not a warrant, but police searched her house anyway
8. They found the suspect but did not find any evidence pertaining to
the bombing
9. They also found pornography (which was illegal at the time)
10. She was charged with possession of obscene material (even though
it did not belong to her)
11. Ms. Mapp was convicted and appealed the case to the US Supreme
Court
B. Issue Addressed by the Supreme Court
1. Did the exclusionary rule apply to the states? And may evidence
obtained through a search in violation of the Fourth Amendment be
admitted in a state criminal proceeding?
2. Exclusionary Rule – a provision that excludes any illegally obtained
evidence by the government from being admissible in court
proceedings
C. Rule Established by the Court’s Decision
1. The court found that "all evidence obtained by searches and
seizures in violation of the Constitution is, by [the Fourth
Amendment], inadmissible in a state court"
2. Using the Fourteenth Amendment, the court extended the
exclusionary rule to all levels of government, not just the federal
government
D. Application of the Finding
1. Any evidence obtained unlawfully is inadmissible in court
2. Fruit of the Poisonous Tree Doctrine
a) Established in Silverthorne Lumber Co. v. US (1920)
b) The doctrine holding that if evidence is initially obtained in an
illegal way, all subsequent evidence gathered from the unlawful
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manner is “poisoned,” as well. If the tree is poisoned, so is the
fruit coming from it
IV. Terry v. Ohio (1968)
A. Facts of the Case
1. Plain-clothes police officer observed the Defendant and two other
men suspiciously loitering near a store
2. Officer believed they were “casing a job, a stick-up”
3. Officer stopped the men and frisked them
4. Two of the men were armed
5. Defendant was convicted of carrying a concealed weapon
B. Issue Addressed by the Supreme Court
1. Did the warrantless search of the three men violate their Fourth
Amendment protection against unreasonable searches and
seizures?
C. Rule Established by the Court’s Decision
1. The search was reasonable, and the weapons seized could be
introduced as evidence
2. The court found that "a reasonably prudent man would have been
warranted in believing [Terry] was armed and thus presented a threat
to the officer's safety while he was investigating his suspicious
behavior"
D. Application of the Finding
1. Stop and Frisk – a police practice, based on reasonable suspicion,
giving a law enforcement officer the ability to stop an individual in a
public place, to ask questions to determine whether that person has
or is about to commit a crime, and to frisk that person for weapons if
the officer is reasonably concerned for his or her own personal safety
2. This type of search is known as a Terry stop
V. Tennessee v. Garner (1984)
A. Facts of the Case
1. Police went to answer a “prowler in the house” call
2. Upon arrival, the resident pointed in the direction where the suspect
fled
3. Police saw no sign of the suspect having a weapon
4. Police called out for the suspect to halt
5. Suspect continued to flee by climbing over a fence
6. Police officer shot the suspect in the back of the head, which later
killed him
B. Issue Addressed by the Supreme Court
1. Is the use of deadly force to stop a suspected unarmed fleeing felon
unconstitutional?
C. Rule Established by the Court’s Decision
1. “The Fourth Amendment prohibits the use of deadly force unless it is
necessary to prevent the escape of a fleeing felon and the officer has
probable cause to believe that the suspect poses a significant threat
of violence to the officer or the community”
2. Killing a fleeing suspect is a “seizure” under the Fourth Amendment
D. Application of the Finding
1. The police may not “seize” an unarmed, non-dangerous suspect by
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shooting him dead
2. Deadly force – the amount of force used by a law enforcement officer
that would reasonably pose a high risk of death or serious injury to
another person
Activities
1. Group Video Presentation – Have the class divide into three groups. Assign
each group one of the three cases from this lesson. Have the students
conduct research and prepare a video presentation to educate the rest of
the class about their cases. The video presentation may be a reenactment
of the facts or a reenactment of the court proceedings. (The actual court
proceedings may be heard using www.oyez.org.) Present the videos to the
class. (If video cameras are not available, use a computer-based slideshow
presentation instead.) Use the Presentation Rubric for assessment.
2. Fruit of the Poisonous Tree Doctrine Worksheet – Have the students
complete the Fruit of the Poisonous Tree Doctrine worksheet. Guide a class
discussion regarding the scenarios. Use the Discussion Rubric for
assessment.
3. “Search and Seizure: Mapp v. Ohio” Video Activity – Watch the video at:
The Constitution Project: Search and Seizure – Mapp v. Ohio (25 min.)
available from Annenberg Classroom:
http://www.annenbergclassroom.org/page/search-and-seizure-mapp-v-ohio.
The video includes an interview from Dolly Mapp. Guide the students
through Annenberg Classroom Video Study Questions Guide for Teacher.
You may provide students with Video Study Questions to record answers
obtained through discussion. Use Discussion Rubric for assessment.
Assessments
Impact of Supreme Court Cases on Law Enforcement Quiz and Key
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Research Rubric
Materials
Impact of Supreme Court Cases on Law Enforcement computer-based
presentation
Impact of Supreme Court Cases on Law Enforcement Key Terms
Fruit of the Poisonous Tree Doctrine Worksheet
Computer with Internet Access
Computers with computer-based presentation software
Video cameras (optional)
Resources
Del Carmen, Rolando V. Criminal Procedure: Law and Practice. (8th edition)
Wadsworth, 2009.
U.S. Code Title 18: Crimes and Criminal Procedure
http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/2010%20Rules/Cr
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iminal%20Procedure.pdf
Texas Code of Criminal Procedure (CCP, Art. 39.14)
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm
http://www.law.cornell.edu/
www.oyez.org
www.findlaw.com
http://www.annenbergclassroom.org/
www.oyez.org
Accommodations for Learning Differences
For reinforcement, students will define and illustrate key terms in a journal. Use
the Individual Work Rubric for assessment.
For enrichment, students will research the following cases and how they impact
the daily duties of law enforcement officers. Students will write a research
paper about how those cases have shaped history and continue to impact us
today.
 Miranda v. Arizona
 Katz v. U.S.
 Carroll v. U.S.
 Chimel v. California
 U.S. v. Ross
 Whren v. U.S.
Use Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(5)
The student explores the United States legal system and the
requirements for law enforcement. The student is expected to:
(B)
analyze the impact of Supreme Court decisions such as
Mapp v. Ohio, Terry v. Ohio, and Tennessee v. Garner;
College and Career Readiness Standards
English/Language Arts Standards
V. Research
A. Formulate topic and questions.
2. Explore a research topic.
C. Produce and design a document.
1. Design and present an effective product.
2. Use source material ethically.
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Impact of Supreme Court
Cases on Law Enforcement Key Terms
Criminal procedure – the process followed by police and courts in the apprehension, litigation,
and punishment of defendants
Deadly force – the amount of force used by a law enforcement officer that would reasonably
pose a high risk of death or serious injury to another person
Due process clause – the provision in the Fourteenth Amendment of the US Constitution
stating that no state shall deprive any person of life, liberty, or property without due
process of law
Exclusionary Rule – a provision that excludes any illegally obtained evidence by the
government from being admissible in court proceedings
Fourth Amendment – constitutional provision that provides to citizens the freedom from
unreasonable searches and seizures
Fruit of the Poisoned Tree Doctrine – the doctrine holding that if evidence is initially obtained
in an illegal way, all subsequent evidence gathered from the unlawful manner is
“poisoned,” as well. If the tree is poisoned, so is the fruit coming from it
Search – the exploration or examination of an individual’s home, vehicle, or person by a law
enforcement officer to obtain items that may be used by the government in court
proceedings as evidence
Seizure – the taking, by law enforcement officers, of potential evidence in a criminal case.
Also applies to the exercise of dominion over a person or thing because of a law
violation (i.e. stopping, deterring, or arresting a person)
Stop and Frisk – a police practice, based on reasonable suspicion, giving a law enforcement
officer the ability to stop an individual in a public place, to ask questions to determine
whether that person has or is about to commit a crime, and to frisk that person for
weapons if the officer is reasonably concerned for his or her own personal safety
Use of Force – the degree of force to be used for a given situation
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Name ___________________________________Date _________________________
Impact of Supreme Court Cases on Law Enforcement Quiz
1. _____Which amendment applies to search warrants?
A. Fourteenth Amendment
B. First Amendment
C. Fourth Amendment
D. Fifth Amendment
2. _____”Stop and Frisk” refers to which case?
A. Terry v. Ohio
B. Mapp v. Ohio
C. Tennessee v. Garner
D. Silverthorne Lumber Co. v. US
3. _____Which of the following is NOT considered a purpose of criminal procedure?
A. protection of citizens after arrests
B. protection of law enforcement officers
C. protection of citizens before arrests
D. protection of endangered animals
4. _____Where does case law come from?
A. Federal court decisions
B. Law review articles
C. State court decisions
D. Both A and C
5. _____Which of the following are exceptions to search without a warrant?
A. Consent
B. Plain view
C. Inventory
D. All of the above
6. _____What were the police looking for at Dollree Mapp’s house?
A. Pornography
B. A bombing suspect
C. Stolen merchandise
D. Illegal weapons
7. _____Which of the following is “the process followed by police and courts in the
apprehension, litigation, and punishment of defendants”?
A. Stop and Frisk
B. Fruit of the Poisonous Tree Doctrine
C. Criminal Procedure
D. Deadly Force
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8. _____A Terry stop is what type of search?
A. Stop and Frisk
B. Fruit of the Poisonous Tree Doctrine
C. Criminal Procedure
D. Deadly Force
9. _____Which of the following is “the amount of force used by a law enforcement officer
that would reasonably pose a high risk of death or serious injury to another person”?
A. Stop and Frisk
B. Fruit of the Poisonous Tree Doctrine
C. Criminal Procedure
D. Deadly Force
10. _____The concept “if the tree is poisoned, so is the fruit coming from it” is from which of
the following court cases?
A. Terry v. Ohio
B. Mapp v. Ohio
C. Tennessee v. Garner
D. Silverthorne Lumber Co. v. US
11. _____The Defendant in Terry v. Ohio was convicted of which of the following?
A. Breaking and entering
B. Drunk driving
C. Possession of marijuana
D. Carrying a concealed weapon
12. _____Killing a fleeing suspect is considered what under the Fourth Amendment?
A. seizure
B. search
C. warrantless search
D. permitted action
13. _____The exclusionary rule applies to which of the following governments?
A. State
B. Federal
C. Both A and B
D. None of the above
14. _____When does the Fourth Amendment apply?
A. When an officer is searching a vehicle
B. In a Stop and Frisk
C. When an officer is searching a business
D. All of the above
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15. _____A peace officer must have which of the following to request the issuance of a
search warrant?
A. Dueling process
B. Probable cause
C. Unreasonable suspicion
D. A “hunch”
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Impact of Supreme Court Cases Quiz Key
1. C
2. A
3. D
4. D
5. D
6. B
7. C
8. A
9. D
10. D
11. D
12. A
13. C
14. D
15. B
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Name ___________________________________Date _________________________
Fruit of the Poisonous Tree Doctrine Worksheet
2.
3.
1.
1.
4.
2.
3.
4.
Write the primary evidence (the tree) and the secondary evidence (the fruit) from each of the following
scenarios:
1. An officer stops a minor that is driving a red vehicle. The only reason for the stop is because the
officer dislikes red cars. The officer sees a marijuana pipe still lit on the middle console. The
officer searches the vehicle and finds illegal weapons in the trunk.
2. The officer in above case (#1) requests that a search warrant be issued for the home of the
driver. The magistrate issues a warrant because he does not know that the above stop was
illegal. The officer proceeds to search the driver’s home and finds stolen electronic equipment in
the garage.
3. An officer has an invalid search warrant. The officer proceeds to Saturn Cleaners and searches
the premises. The officer seizes documents, which include a map with directions and a
designated spot. The officer follows the map and discovers a dead body at the designated spot.
4. An officer answering a noise ordinance violation (barking dog), knocks on the door, but no one
answers. The officer hears the barking dog and pries open the door. The officer locates the
source of the noise and realizes that it is only a computer making the sounds. The officer takes
the computer as evidence. Upon inspection of the computer, the officer finds financial records of
illegal drug transactions.
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Fruit of the Poisonous Tree Doctrine Worksheet Key
1. Marijuana pipe
illegal weapons
2. Marijuana pipe & illegal weapons
3. Documents
dead body
4. Computer
financial records
stolen electronics
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects to
create a professional presentation (transition
and graphics) or appropriate visual aid used
 Title slide, table of contents, bibliography are
included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the entire
audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are dynamic
and audible
Audience Interaction
 Presentation holds audience’s attention and
relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
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