CJ-112-2-1 Discussion The Impact of the Rule of Law and the Constitution on Personal Rights
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Numerous constitutional issues arise as new technologies become public or are used by law enforcement. Fourth Amendment issues of search and seizure frequently manifest with new communications technologies.
First, think about the three videos in the Rule of Law and Policing resources section, which are related to this discussion. Consider one of these videos and explain how the rule of law and the Constitution relate to the topic addressed in your chosen video.
- For your initial discussion post, complete the following:
- Make the title of your post the title of the video.
- In one to two paragraphs, answer the following questions:
- How do the rule of law and the Constitution relate to the topic addressed in your chosen video?
- How could the constitutionality discussed in the video extend to other current technologies?
- How might the constitutionality discussed in the video extend to future technologies?
RESOURCES
https://players.brightcove.net/268012963001/Sy9lbkRKl_default/index.html?videoId=ref:el-crim-sots-video-ch7q13-CA00433&secureConnections=true&secureHTMLConnections=true&autoStart=false
https://www.youtube.com/watch?v=OLd2-IXSpxg
https://www.youtube.com/watch?v=gIdvUbz_sG0
The three videos listed below will be used for your discussion in this module. Be sure to watch all of them before beginning your discussion activity this week.
Video: Student on the Street: Cell Phone Search opens in new window (4:10)
This video contains a series of short interviews for which you are asked to consider the following: “The police are arresting you. Can they search your cell phone? Can they take a DNA sample from you?”
Video: Ruling on GPS Tracking by Police Leaves a Big Question (3:58)
This video explores the constitutionality of placing a GPS tracking device on a vehicle without a warrant. After reviewing this resource, you should be able to answer the following questions:
- Is it legal to place a GPS tracking device on a vehicle without a warrant?
- Can the police gather GPS data from devices that are installed by the suspect (e.g., GPS installed in a car by the consumer)?
Video: Can the Police Take Your DNA? (4:32)
This video explores the constitutionality of collecting suspect DNA samples that eventually result in charges for another crime. After reviewing this resource, you should be able to answer the following questions:
- Can the police legally collect a DNA sample from a suspect even if they do not have a warrant?
- Can the police charge someone for a different crime than the one they are currently suspected of, based on the results of their DNA test?
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