Search Me

Grade Level: Middle and High  

Overview:

The lesson begins with students lined up in the front of the room. They are presented with a series of searches/seizures. If they believe the search/seizure was lawful, they step forward; if they believe it to be unlawful, they step backward. Next, students break into four groups. Each group is responsible for focusing on searches/seizures in a specific setting: at school, at home, in cars, or in public. The groups reconvene and present their ideas and findings to the rest of the class. The lesson ends with a discussion of the Fact Patterns handout.

Time Needed:

1 class period 

Materials Needed: 

Search Me Jigsaw Handouts 

Fact Patterns Handouts

Procedure

Walk the Line (Intro Activity)

1. Ask students to stand at the front of the room in a single horizontal line, all facing forward (not facing the person in front/behind of them).

2. Explain to students that they will be presented with a variety of searches/ seizures. If a student thinks that the search/seizure should be permitted under the law/any evidence can be used, they should step forward. If they think the search/seizure should be illegal/evidence cannot be used, they should step backwards.

3. Scenarios:

  1. School officials conduct random searches of student lockers. No notice is given of the searches, although they are mentioned in a student handbook distributed at the start of each school year. 
  2. The police stop a car for running a red light. Besides the driver, there are two passengers in the car. The police make the driver and the passengers get out of the car and search them. The police find a stolen gun in the purse of one of the passengers. 
  3. A police officer sees a man walking down the street. The man keeps walking back and forth in front of a jewelry store, looking over his shoulder. The man is wearing a bulky coat, even though it is 82 degrees and sunny. The officer searches the man and finds a gun and a knife on him. 
  4. After a robbery at a local bank, a bulletin is sent out to police with the description of the get away car. Two officers see a car matching this description, pull the car over and arrest the occupants. The police then search the car and find bags of money and two guns. 
  5. The police have a warrant to arrest Tom for mail fraud. Tom is currently staying at his mother’s. When the police arrive at Tom’s mom’s house, Tom gives himself up without any problems. The police then search Tom’s mother’s house, even though she tells them not to. They find evidence that Tom’s mother is making meth at the home.  
  6. At the local high school, there have been problems with students using prescription-strength ibuprofen and selling it amongst themselves. The principal gets one report about a freshman girl selling some pills. The principal and another school official call the girl to the office and ask her to undress down to her underwear, looking for some ibuprofen. 
  7. The police have been keeping tabs on a local man alleged to be a drug dealer. One afternoon after he takes out his trash, leaving it in a dumpster in an alley, the police go through it, finding records of the drug dealing and drug paraphernalia. 
  8. There have been no drug problems at Smithville High School. However, at the school in the town just south of Smithville, in the last five months, there has been an explosion of drug use. Officials at Smithville have decided to start randomly drug testing students.
  9. The police get a tip that Susan has been selling drugs. The police go to Susan’s home, which is an RV parked at her mom’s house. The police peek in the window and see drug paraphernalia. They then arrest Susan for selling drugs. 
  10. A bank is robbed. The police get a description of the robber—and two officers see him driving down the street. They pull the robber over and arrest him. After they arrest him, they see a gun sitting on the front seat. The police go in and search the rest of the car and find evidence indicating that the robber has committed other bank robberies over the last 20 years. The police charge the robber for these historic robberies. 

Fourth Amendment Scenarios Jigsaw

  1. Divide students into four groups and assign each group one of the following four topics: Searches at school, Searches at home, Searches in cars, and Searches in public places. Provide each group with copies of their corresponding Search Me handout (1.1–1.4).
  2. Ask students in each group to answer the following questions: 
    1. How does the 4th Amendment regulate activities in this location? 
    2. What do you think is the legal “rule” regarding searches/seizures in the location?
    3. Did any of the cases surprise you? Why or why not? 
  3. Groups should work with their groups to answer the questions. Then reunite students, and ask each group to share what they have learned in a short presentation.

Debriefing/Follow-Up 

  1. Ask students to list the circumstances that the courts look to when deciding whether a search is permissible. These should be listed on the board, including: 
    1. Reasonableness of the search; 
    2. Seriousness of the crime;
    3. Age/sensitivity of the person being searched;
    4. Where the search is occurring. 
  2. Important Take Aways: 
    1. Different standards in different locations; 
    2. Balancing act between keeping community/police safe and protecting constitutional rights. 
  3. Distribute the Fact Patterns Handout to all students for review. They will examine the earlier scenarios with their new information about searches and seizures, and note legal and illegal searches. This may also serve as an assessment 

National Curriculum Standards for Social Studies, 

National Council for the Social Studies

Theme 6: Power, Authority, and Governance

Theme 10: Civic Ideals and Practices