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Step 1: Instruction Part, In Government Corner Debate: The Police should not have the right to search your trash without a warrant. CASE ANALYSIS PROTOCOL Strongly Agree Agree Disagree Strongly Disagree The 4th Amendment "The right of the people to be secure in their persons, houses, papers, and Step 2: Case Arguments Summary effects, against unreasonable se asonable searches (examine property) and seizures ( Instructions: Based on the slideshow summarize each side of the case property), shall not be violated, and no warrants (authorization) shall issue, but upon California Greenwood probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Facts of the case Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police Step 3: Revisit your claim. Now that you have heard both sides of the case and discussed with your group, uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on please create an argument to refute the opposing side. felony charges. Instructions: Use the graphic organizer to address the counterclaim and show evidence. Case Question: Did the warrantless search and seizure of Greenwood's garbage Come to a consensus: Counterclaim and Rebuttal: violate the Fourth Amendment's search and seizure guarantee? (choose your claim) (Acknowledge the opposition and draft your response) O The police should Although the opposition may say....(insert counterclaim) Arguments by Greenwood's Attorneys have the right to search your trash this is incorrect because, (insert rebuttal) Greenwood's attorneys argued that the searches of his trash were unconstitutional and that the evidence obtained from the searches and the subsequent searches of his without a warrant. house should be excluded from the trial court. The Fourth Amendment protects the The police should rights of the owner of a container that conceals its contents from plain view. not have the right to Greenwood's trash bags were opaque (nontransparent) and sealed. All that search your trash Greenwood exposed to public view were the exteriors of several opaque, sealed bags. without a warrant. Until the trash bags were opened by the police, their contents were hidden from the public, so Greenwood had a rea Cite the 4th Amendment: Arguments by the State of California (Support your claim with The State of California argued that Greenwood's trash was collected on the street specific text from the 4th where it had been left for the trash collector. The trash was not on Greenwood's amendment). property, but rather was on the street. The trash could have been inspected by just about any member of the public, or even animals and children. Therefore, Greenwood Step 4: Exit Ticket: Come to a conclusion: do you agree with the California v. Greenwood decision or do could not have a reasonable expectation of privacy in the contents of his trash left on you think this case should be overturned? Why or why not? the curb. Part. In Government M. Jumany CASE ANALYSIS PROTOCOL Part. In Government Checklist: Your Response: CASE ANALYSIS PROTOCOL State your claim =20 Checklist: Your Response: points State your claim The police (should/should not) have the right to search your trash without a 20 points warrant Explain relevant facts OExplain relevant Facts from the case that helps prove my claim is from the case facts from the case arguments -20 points arguments -20 points (The quote from the 4the Amendment) supports my claim that police should/should not) have the right to search your trash without a warrant. O Show evidence O Show evidence from from the 4th Although the opposition might say that police (should/should not) have the the 4th amendment amendment =20 right to search your trash without a warrant (counterclaim, opposite of what -20 points points you said, this is use (Your rebuttal) Include With all things considered, police (should/should not) have the right to O Include counterclaim counterclaim and earch your trash without a w use (quote from the 4th and rebuttal -20 rebuttal -20 points Amendment): points Restate your claim- 20 ORestate your claim. 20 prints