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You Be the Judge

Civics/Government

Benchmark 2, Indicator 2

Describes how citizens' responsibilities require subordination of their personal rights and interests for the public good (e.g., justice, fairness, equity).

Benchmark 2, Indicator 3

Knows core civic values inherent in the founding documents have been the focus for unity in American society (i.e., free speech, religion, press, assembly, and other basic civil rights).

Benchmark 2, Indicator 4

Explains the importance of share political and civic values and beliefs to the maintenance of a government by constitution in a divers American society (i.e., freedoms and responsibilities within the Bill of Rights, civil rights amendments and other documents related to our government by constitution).

Our Constitution guarantees us "due process" of law in the 14th amendment and protects our invasion of privacy from unnecessary searches by our government. However, these rights are not absolute. In order to find and prosecute criminals who threaten public safety and our general welfare, the police must be allowed to invade our privacy in certain circumstances. When and how this invasion of privacy can be done is the source of constant debate and a few cases go all the way to the Supreme Court because they serve as tests for this balance. The court must then weigh the importance of our rights to due process and an assumption of basic privacy with the ability for police to conduct investigations and also protect themselves from potential danger.

The following cases ask you to decide two things. First, tell us if you think the police acted within the Constitution - if so, click 'YES'. Second, tell us if you think the action by the police should be protected in the Constitution (in your opinion). Again, the first box is what you think the Supreme Court would say, the second box is for what you would say. Once you have clicked all the buttons next to what you would say, click the submit button to see the results of the survey so far!

Scenario

Constitutional?

Yes or No

1. Officer Stops a car and orders the person out of the car for a drunk driving test.
Yes or No Yes
No
2. Police officer may order anyone out of their car if they have been pulled over for a traffic violation.
Yes or No Yes
No
3. Police tap a public phone in hopes of catching random criminals making illegal deals, etc.
Yes or No Yes
No
4. Police get search warrant for stolen jewelery in a home and during the search see illegal weapons in plain view, there fore they seize them as well.
Yes or No Yes
No
5. Police search garbage in bags on the curb for suspected drug paraphernalia without a warrant.
Yes or No Yes
No
6. Police frisk for weapons after arresting a person.
Yes or No Yes
No
7. Police search a car after stopping it for speeding, swerving, and evading the police.
Yes or No Yes
No
8. Police set up a checkpoint and stop every car for intoxicated drivers, whether they suspect anyone or not.
Yes or No Yes
No
9. Police lawfully stop a car they believe was involved in a crime and search it without a warrant. Yes or No Yes
No