Module 11: The Fourth Amendment

Launch
Ask the class to brainstorm their definition of the word “privacy.”

• What is privacy? 
• Where do we have privacy?
• Why is privacy important?

Have the entire class read the text of the Fourth Amendment.

Ask the entire class to define the following terms and ideas found in the Fourth Amendment. Take notes because you will complete the key terms in a future activity.

• What is a search?  
• What is a seizure?  
• How do you know if a search or seizure is “reasonable” or “unreasonable”? 
• What is a warrant? 
• What counts as “papers”?
• What are “effects”?

Activity Synthesis
As a group, examine the meaning of the word “privacy.” Ask students the following questions and discuss. 

• Is the word “privacy” in the Fourth Amendment? 
• Does the Fourth Amendment protect privacy? If so, how?

Activity Extension (optional)
Now that students have begun to be exposed to the text of the Fourth Amendment and some of its key concepts, ask them to write a short journal entry with these prompts. 

• Where in your life do you come into contact with a government official or agent? 
• Have you personally experienced an invasion of your privacy by someone in the government?
• What about in other parts of your life? 
• What about on social media?

Launch
Give students time to watch the video and answer the questions. 

Activity Synthesis
Have students share their responses in small groups and then discuss as a class.

Activity Extension (optional)
Have students write a 3-5 sentence summarizing their understanding of the Fourth Amendment protections at this point in the module. 

Launch
Ask the following questions and then discuss them briefly before starting the worksheet.

• What is privacy? 
• How do expectations of privacy shape Fourth Amendment cases? 

Activity Synthesis
When all students have completed the evaluation, provide directions for the Activity Guide: A Reasonable Expectation of Privacy.

• Create a line in the classroom (or other instructional space)—either along a wall, chalkboard, on the floor, or digitally. 
• Place a sign or card that reads “High” at one end of the line, one that reads “Medium” at the midpoint, and one that reads “Low” at the opposite end (signs can also include the corresponding statements below).
• Read out loud the scenarios (you may choose some or all of the scenarios). Students should move to a corresponding spot along the line according to how they think it ranks on a spectrum of “reasonable expectation of privacy.”
• Ask individual students why they chose to stand where they did.
• You can spend five minutes on this activity, or an entire class period.
• The amount of discussion and the depth of follow-up questions is up to your discretion. 

Activity Extension (optional)
Some suggested follow-up questions for this activity include:

1. Why did you choose to stand in that place?
2. What is the rationale for why the police would want to search in that situation?
3. What is the rationale for why the public would want the police to search in that situation?
4. Why would we expect privacy for ourselves and others in that particular situation?
5. What facts would be necessary to change your answer from high to low? From low to high?
6. What generalizations can you make about where we have a reasonable expectation of privacy, and where we do not?
7. Do you agree with the Supreme Court’s use of the reasonable expectation of privacy as part of its analysis in Fourth Amendment cases? What are the strengths of this approach? What are its weaknesses?
8. How should courts reconcile differing views about expectations of privacy? 

Launch
Before beginning the activity, students list words that come to mind when they think of the Fourth Amendment. Whenever relevant (or helpful), they can connect the list of words in this activity to concepts of digital privacy. 

• Search
• Seizure
• Privacy     
• Reasonable
• Warrant 
• Probable cause
• Exclusionary Rule
• Third-Party Doctrine

Activity Synthesis
Have students complete the Activity Guide: Key Terms worksheet and list where in the video these terms can be found. Next, have students read the Fourth Amendment Common Interpretation Essay by Barry Friedman and Orin Kerr and then paraphrase the key terms. Remind students to reference the video for help if needed and note the timestamp in the video where they can find the terms for future activities. 

Launch
Divide the class into groups and assign a case to each group. 

• Olmstead v. United States (1928) 
• Mapp v. Ohio (1961)
• Katz v. United States (1967)
• Terry v. Ohio (1968)
• Carpenter v. United States (2008)

Groups will review the Case Brief: Fourth Amendment Supreme Court Cases worksheet and case excerpts from the Founders’ Library and complete the worksheet.

Have students share and jigsaw cases together to develop their understanding of the Fourth Amendment case law. A jigsaw technique is a method of organizing classroom activity that makes students dependent on each other to succeed. It breaks classes into groups that each assemble a piece of an assignment and synthesize their work when finished. Review how the cases are connected and what new ideas come out with each case. Assign a student to list these overarching ideas on the board or type up and project. 

Activity Synthesis
Once the case jigsaw is complete, have students engage in a constitutional conversation on the following question. 

• Can the government track you 24 hours a day, seven days a week, for an entire month, using your cell phone data and location information without a warrant? 

Questions to facilitate discussion:

• Do you sign over all of your information to cell phone companies when you buy a plan and agree to the terms of agreement?
• When your apps track you, can the cell phone companies provide this data to the police without a warrant?

Launch

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

Launch
Give students time to read and answer questions about James Otis, Speech on the Writs of Assistance.

Activity Synthesis
Have students share their worksheet responses on Otis’s speech and then engage in a class discussion on how this case influenced the Founding generation’s vision for the Fourth Amendment. 

• What connections do you see between this source and other materials we have learned in this module?
• What words do you hear that are similar? What ideas do you hear that are similar?
• Are there any differences?
• Are there any areas that we are still debating today? 

Activity Extension (optional)
Now that students have a better understanding of the origins of the Fourth Amendment, ask them to use the Writing Rights Interactive to identify two state constitutions that influenced the Fourth Amendment.