 Religion
 Speech
 Press
 Peaceful
assembly
 Petition for redress of grievances
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
1
http://www.cbsnews.com/videos/cheerleaders-wavingreligious-banners-take-case-to-texas-supreme-court/
2
 Right
to bear arms
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
3
A
person intentionally, knowingly, or
recklessly possesses, or carries a weapon
onto the physical premises of:







School grounds, events, or transportation
A polling place during voting
Government courts or offices
A racetrack
An airport
1,000 ft from executions
Third degree felony
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
4
A
person intentionally, knowingly, or
recklessly carries, on or about his person, a
handgun (without license)
 Felony
if the person carries a gun on
premises licensed or issued a permit by the
state for the sale or service of alcoholic
beverages
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
5
http://nation.time.com/2013/10/23/texas-schoolconsiders-giving-teachers-guns/
6

“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.”
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
7
 CCP
15.22
A person is arrested when he has been
actually placed under restraint or taken
into custody by an officer or person
executing a warrant of arrest, or by a
person who has the
authority to arrest
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
9
You Decided…is there Probable Cause?
Officer Furman arrives at Simpson’s Jewelry
store moments after it’s been robbed. Officer
Furman sees broken glass inside the jewelry
store. A man claiming to be Simpson, the store
owner, tells the officer that a man
approximately 6'5" tall and weighing over 300
pounds held up the store at gunpoint and
escaped with rings and watches in a small
brown paper bag. A short time later, less than a
mile away from the jewelry store, Officer
Furman pulls a car over for speeding. The
driver matches the description of the robber,
and on the seat next to the driver is a small
brown paper bag and a couple of watches with
the price tags attached.
Though Officer Furman did not see the robbery
itself, the driver matches the unusual physical
description of the robber and has the property
that Simpson said was missing.
10
Same case. Assume that the person
claiming to be Simpson, the jewelry store
owner, was actually the robber’s
accomplice. The accomplice gave Officer
Furman a phony description and then fled
after the officer drove off. The driver later
pulled over by the officer for speeding is
able to prove that he is the lawful owner of
the watches that the officer saw on the
seat. In this scenario, Officer Furman had
no reason to doubt the word of the person
claiming to be Simpson, and the broken
glass corroborated “Simpson’s” statement
that a robbery had occurred.
11
Officer Jones pulls over a car for speeding. There
are 3 occupants in the vehicle. Officer Jones
searches the car with the driver’s consent and finds
baggies of cocaine stashed behind an armrest in
the back seat. All three occupants of the car say
that they didn’t know that the cocaine was in the
car.
Does Officer Jones have probable cause to arrest?
If so, for which occupant(s) does he have enough
probable cause to arrest?
Jones has probable cause to arrest all 3 occupants. In
the absence of evidence demonstrating that the
cocaine belonged to a specific occupant, the officer
could reasonably conclude that all of them knew
about and possessed the cocaine. It was within the
reach of all the occupants in the vehicle.
12
 Prying
into hidden places for that which is
concealed; it is not a search to observe that
which is open to view
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
13
 Definition
– CCP 18.01
 Neutral and detached magistrate
 Probable cause or staleness
 Sworn affidavit
 Must include:



The specific offense committed
The specific property to be seized
The property is at place to be searched
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
14
 Protective
sweep (make a note here)
 Prevent the destruction of evidence
 Discover more, or possible, evidence in plain
view elsewhere on the property
 Hunt for evidence or contraband that, as a
result of the initial search, is believed to
exist in another location on the property
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
15
 Backpack
searches
 Locker searches
 Vehicles searches
 Strip searches
 The use of metal detectors
 The use of drug dogs
 Consent to search
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
16
 CCP
38.23
 No evidence shall be admitted into a criminal
trial that was obtained in violation of
constitutional rights
 Mapp v. Ohio

Illegally seized evidence could be excluded from
both state and federal cases
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
17
 Grand
jury
 Double jeopardy
 Self-incrimination
 Due process (respecting all legal rights of a
person
 Just compensation for government takings
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
18
 Exceptions




to Double Jeopardy
Convicted and asks for a new trial
Convicted and the case is overturned
The case results in a hung jury
Can be tried at both the state and federal levels
for the same crime
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
19
 Speedy
and public trial
 Impartial jury
 Informed of the nature and cause of
the accusation
 Confrontation of witnesses
 Compulsory process of witnesses
 Right to an attorney
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
20
 No
excessive bail
 No excessive fines
 No cruel and unusual punishment
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
21
1st –Freedom of
Religion & Speech,
Press & Peaceful
Assembly, etc.
 2nd Right to Bear Arms
 4th Protection Against
Unreasonable Search
& Seizure Issuance of
Warrant Without
Probable Cause

5th Amendment –
Protection from
Double Jeopardy &
Self Incrimination,
Right to Grand Jury &
Due Process
 6th Amendment –
Right to a Speedy
Trial, Confront
Witnesses, Attorney,
Impartial Jury
 8th Amendment – No
Cruel or Unusual
Punishment & No
Excessive Fines or Bail

22

(1968), was a Landmark United States
Supreme Court Case which held that the
Fourth
Amendment
prohibition
on
unreasonable searches and seizures is not
violated when a police officer stops a suspect
on the street and frisks him or her
without probable cause to arrest, if the
police officer has a reasonable suspicion that
the person has committed, is committing, or
is about to commit a crime and has a
reasonable belief that the person "may be
armed and presently dangerous.
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
23
No Info
Suspicion Reasonable
Suspicion
Probable
Cause
Beyond a
Reasonable
Doubt
Probable cause is sufficient reason
(Evidence) based upon known facts to
believe a crime has been committed or that
certain property is connected with a crime
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
24
 With
the people at your table, review each
scenario and determine where you believe it
falls on the continuum.
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
25
 In
groups of 4; Each person chooses an
amendment.
 On your large white sheet of paper each
person will:





Indicate the # of your amendment
Define the amendment
Illustrate the amendment in a creative manner
If you choose the 2nd Amendment please be
mindful of inappropriate drawings of firearms. If
you are not sure please ask me!!! Don’t cause
your entire group to have to redo the
assignment.
Make sure the names of each person in your
group is listed on the paper
Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
26