Civil Liberties II Paul Johnson University of Kansas POLS110 You didn't have those rights back when you thought you did Overview Selective Incorporation (again) Unlawful Search And Seizure Right to an attorney Right to remain silent Sexual & Reproductive Privacy Incorporation Amends 1-8 do not protect against states 14th Amendment: life, liberty, property w/o due process 1925? Selective Incorporation began See my swell handout Differences across levels Federal prosecutions State & Local prosecutions How can a difference be justified? Amendment 4 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. Key Terms Warrant Probable cause Unreasonable search and seizure Warrant required if suspect has "reasonable expectation of privacy" Exclusionary Rule Exclusionary Rule: don't let police use illegally obtained evidence. "fruit of poison tree" doctrine Is it the best way to keep the police in line? Should murderers go free to protect innocent people? Policy toward Nat'l police Exclusionary Rule (created 1912): exclusion only way to discourage lawless police behavior Fruit of poison tree doctrine (created 1920: Silverthorne Lumber v. US). Policy toward State "Silver Platter" searches by state police allowed ER did not apply to states (1949: Wolf v. Colorado) Reversed (1961: Mapp v. Ohio) Dollree Mapp Mapp v Ohio Ex Rule applies to state police Do we still exclude it? Following "republican" courts have "chipped away" at ER "Your stuff in another's property" is not protected Illegally obtained ev. can impeach a witness More exceptions Auto search cases: can search your car (no "reasonable expectation of privacy" in an auto) Can search your trash w/o warrant "inevitable discovery" exception "independent source" exception 5th & 6th Amendments 5th Amendment: "nor shall (any person) 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." 6th Amendment: speedy trial, right to confront witnesses, to have assistance of counsel. Right to an attorney Scottsboro case Right to an Attorney Powell v Alabama 1942: No state obligation to pay for lawyer (Betts v. Brady) 1963: Betts Reversed (Gideon v Wainwright) Right not to be tortured, beaten, or bothered with lots of questions Right to access to attorney:suspect who asks for lawyer must be allowed to see one, questioning must stop (1964: Escobedo v. Illinois) Police must warn suspect of rights (1965:Miranda v. Arizona) Miranda Rights Live! You have a right to remain silent. Tidbit: was convicted in 2nd trial. Exceptions have been created, but Court did not overturn Miranda Sexual/Reproductive rights "Zone of privacy" 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Reproductive Rights Contraception Abortion Homosexuality: Major Changes No Constitutional right to be a homosexual (1986: Bowers v Hardwick) Reversed (Nov. 18, 2003): 1976 Texas law banned same-sex intercourse & sodomy Sup. Ct. reversed itself & struck down law (6-3) "The petitioners are entitled to respect for their private lives." Decision based on 14th Amendment