THE FOURTH AMENDMENT

A WEBQUEST

By Arturo Gonzalez-Alfonso

Banana Kelly High School

Bronx, NY

TIPS

INTRODUCTION:

You’re walking down your block to meet your girlfriend (who does not like being kept waiting) and two policemen point to you and tell you to stop. You ask them why? “Just do what you’re told.” Things went downhill from there. Luckily, you were smart enough not to be arrested (you stopped arguing, kept your mouth shut, and started to follow directions), but…

One police officer did frisk you as you placed your hands on the roof of a parked car. A small crowd had gathered. You notice your abuela’s (grandmother’s) best friend in the crowd shaking her head sadly.

You’re not the type to blush, but you were embarrassed. Abuela will understand, but it’s going to take time and be a pain. In addition, you did not like or enjoy having a stranger feel you up and down your body while a crowd of people are looking on. You ask yourself: “Who needs this BS!” Moreover, although you won’t admit it out loud, you were frightened; these guys had guns. Finally, do you still have a girlfriend? It’s gonna cost you time and money on that front too.

Taking guns off the streets has lowered the crime rate. New York City police believe they ought to be able to stop and search anyone, especially young people.

Should young people accept random and intrusive searches by the police as a fact of life? Should the fact that “racial profiling” may occur change your opinion about the policy of “stop and frisk?” Can the police “stop and frisk?”

TASK:

Working in pairs, you will research the Constitutional basis for “stop and frisk.” As you research whether or not there is a basis in the Constitution, ask yourselves the following questions:

Does the Constitution support “stop and frisk?”

What limitations or requirements are placed on a police activity such as “stop and frisk?”

As you complete your research, develop arguments for and against the police policy.

PROCESS:

First: Each student will be designated either as a “red” or a “blue.”

Second: A “red” and a “blue” will be paired up.

Third: Each person will research the topic of “stop and frisk.” The web sites in the RESOURCES will help you.

Fourth: Red will argue against the policy of “stop and frisk.” Blue will record the student’s name and the points made by “red.” Blue will then argue in favor of the policy of “stop and frisk.” Red will likewise record the student’s name and the points made by “blue.”

Fifth: After completing the debate with your partner, red will pair up with another blue, and blue with another red. This time, red argues in favor of “stop and frisk” and blue argues against the policy. As in step four, record the name and points made by your new partner.

RESOURCES

Use the following web sites in your research:

Stop and Frisk:

http://caselaw.lp.findlaw.com/data/constitution/amendment04/03.html#2

Fourth Amendment:

http://caselaw.lp.findlaw.com/data/constitution/amendment04/

Search and Seizure case law:

http://www.maxwell.syr.edu/plegal/scales/home.html

EVALUATIONS

Your performance will be evaluated by the following rubric based on the recorded points made by your partner.

	Beginning 1	Developing 2	Accomplished 3	Exemplary 4	Score
Understanding Of the Topic	Shows little Understanding Of the Topic	Presents Satisfactory Understanding Of the Topic	Shows a Good Understanding Of the Topic	Shows a Thorough Understanding Of the Topic
Addresses Aspects of the Task	Attempts to Address Topic with Vague or Inaccurate Information	Addresses Most Aspects Of the Task	Addresses Almost All Aspects Of the Task	Addresses All Aspects Of the Task
Ability to Analyze, Evaluate, and Compare/Contrast Issues	Fails to Analyze, Evaluate, or Compare/Contrast	Able to Analyze Issues, But Not in Depth	Shows Ability to Analyze, Evaluate Issues	Shows Ability to Analyze, Evaluate Issues, Compare/Contrast
Presentation and Organization of Argument	Does Not Present An Organized Argument	Presents Argument, But Not Very Organized	Presents an Organized Argument	Presents a Strong and Well Organized Argument
Supports Argument with Relevant Facts, Examples and Details	Uses Little Facts, Examples, or Details	Uses Some Relevant Facts, Examples, or Details	Uses Relevant Facts, Examples, or Details, But Not For All Issues	Richly Supports Topic with Relevant Facts, Examples, and Details.

STANDARDS:

English Language Arts – Standards 1,2,3 and 4

Social Studies – Standard 5: Civics, Citizenship, and Government

CONCLUSION:

We have just begun to explore this issue. Indeed, the events of September 11^th make this topic even more compelling. Having begun to see how the Constitution addresses the viability of this police process, we will proceed next on a power point created by you, which addresses how our police implement their procedures, and which looks at the policy issues in a more in-depth manner. Understanding how the Constitution deals with this issue is a fundamental and essential starting point, but how are the actual rules and procedures for the “real world:” you’re walking down the block and being stopped and frisked addressed? Who makes the actual rules that have a “real” impact on you? How do you go about changing those rules?