Webquest

By Ms. Noonan

mdnsmith@aol.com

Introduction

Some people believe that police officers have the right to search anything that they wants if the search is related to a crime. Police officers are agents of the state and are asked to help to prevent crime and to apprehend offenders. Therefore they should be allowed to do whatever is necessary to get the job done.

Some believe that individuals have total freedom to do whatever they want in their homes and with their possessions. They believe that the constitution gives them this right and police officers have no right to search or seize their property without their permission.

These views have caused public debate. When should a police officer be allowed to search? When is it a violation of privacy? Are there exceptions, if so when and who should determine these exceptions?

Another issue that involves searches and seizures is when and where can a search take place? Do people have an expectation of privacy in private places, yards, schools, cars, parks or coats?

What do you think?

Task

You are going to select a case from below that deals with a particular area of search and seizure. You are going to read the case that brought the issue to the Supreme Court. You are going to do a CompuLEGAL analysis of the case. It is your job to evaluate the material and determine whether or not the search in question is a violation of the individual rights.

In your analysis you will include the following written material:

! General background regarding the case (You can include the entire case of relevant parts of the case)

! A summary of the facts of the case (in your own words)

! General background about the amendment or amendments in controversy

! Brief discussion of the two arguments (1 to 2 pages)

! Select two precedents in deciding the case

! Your decision and rationale

! The opposing viewpoint (dissenting opinion-what you think the other side would say against your decision)

Process

You will be in groups of 4 to5. Each of you will have a task to complete. You will act as a team of lawyers preparing to argue your side of the issue you choose. To help prepare you and the Court for your task, use the following steps to guide you:

1. Pick one of the following constitutional cases.

· Mapp v. Ohio

· New York v. Quarles

· New Jersey v. T.L.O.

· Florida v. Riley

· Florida v. Jimeno

· Florida v. Bostick

· Minnesota v. Dickerson

2. Summarize the facts of the case.
3. Be sure to form and print out a copy of the issue.
4. Understand the arguments involved.
5. Read the text of the relevant amendment.
6. Research the background of this amendment.
7.  Find two precedent case (older similar cases that have already been decided).
8. Discuss the decision and rationale for your decision by completing this worksheet.
9. Write out the 1 page majority opinion and 1 page dissenting opinion
10. Be prepared to present your findings

Resources

Streetlaw

Due Process Amendments

Mapp v. Ohio

New York v. Quarles

New Jersey v. T.L.O.

Florida v. Riley

Florida v. Jimeno

Florida v. Bostick

Minnesota v. Dickerson

Evaluation

Grade of A

• Shows thorough understanding of the topic
• Addresses all aspects of the task
• Shows ability to analyze, evaluate, compare/contrast issues
• Richly supports topic with relevant facts, examples, and details
• Presents a strong and well organized “case”

Grade of B

• Shows a good understanding of the topic
• Addresses all aspects of the task
• Shows ability to analyze, evaluate issues
• Includes relevant facts, examples, and details, but not support all aspects of the “case”
• Presents an organized “case”

Grade of C

• Presents satisfactory understanding of the topic
• Addresses most aspects of the task
• Able to analyze issues and events, but not in depth
• Uses some relevant facts, examples, and details
• Presents “case”, but not very organized

Grade of D

• Shows little understanding of topic
• Attempts to address topic, but uses vague and/or inaccurate information
• Uses little facts, examples, or details
• Cannot present an acceptable “case”

Grade of F

• No work was done or handed in.

Conclusion

This web quest was designed to help you explore and understand the complexity of the Search and Seizure laws. Hopefully you will realize that situations and laws change creating new perspectives for old issues. At the same time, I hope that you have gained an appreciation of the Bill of Rights and the U.S. Constitution and the process of interpreting them. I also hope that you have learned and enjoyed researching your case using a compulegal analysis search.