Debate 2.4: You Decide – Fourth Amendment Debate
The class debate challenges you to apply your understanding of the Fourth Amendment. During this ‘debate’ you will be asked to take a position and debate your opinion. Reminder, differences of opinion can occur, this debate is an opportunity to discuss each person’s opinion and point of view. All opinions and points of view are valid and respected, so consider your language and tone when responding.
Instructions and Material
Overview of the Case: In this case, the police were executing a search warrant on a suspected ‘gang house’ looking for weapons. During the execution of the search, the house occupant, now know as the plaintiff, was handcuffed and questioned about her immigration status by the Immigration and Naturalization Service (INS). After the search, the plaintiff was released.
This case is a critical discussion point for Fourth Amendment rights and you are going to be asked to take a position and provide a rationale for your opinion.
Go to the Internet and type in the key words Muehler et al. v Mena for a listing of resources and full description of the case. Review available resources to become familiar with the specifics of the case.
Review the Fourth Amendment section in Chapter 9 of the course textbook.
Answer the following question regarding the case: In your opinion, were the plaintiffs Constitutional rights violated when she was placed in handcuffs during the search of the house she occupied?
Post your position to either the “plaintiffs Constitutional rights were violated” thread or the “plaintiffs Constitutional rights were not violated” thread.
In addition to your original post, you will need to answer any questions or comments made to your own point of view posting. Additionally, you must make well-developed meaningful comments to at least two of your classmates who had an opposing point of view.
Statements like, “I disagree” or “you are wrong about the plaintiffs rights being violated” do not demonstrate thinking and analysis, and are not considered “meaningful comments”.
The requirement is to post to AT LEAST two classmates. Be sure to answer any questions or postings to your point of view.
If you do the minimum requirement, it doesn’t mean that you will get full credit. You will be graded on the quality and also quantity of your insights and participation.