Bill of Rights and Case Brief

Bill of Rights and Case Brief

 No where in the Bill of Rights does it explicitly say American citizens have a right of privacy. It was created by the U.S. Supreme Court by inferring between the lines of Fourth Amendment’s phrase, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated…” Constitutional scholars differ on whether this should only be limited to searches and seizures by law enforcement officials where there is a reasonable expectation of privacy versus a broader definition that even has been used to protect a women’ right not to have a baby when the State has a criminal anti-abortion stature that would punish her for having an abortion. When asked by students what is the legal meaning of the right to privacy, I always say it is whatever the U.S. Supreme Court says it is. What do you think the right to privacy means today? From your reading, do you think the scales of justice have tipped too far or too little protecting an accused’s right to privacy from law enforcement officials? As always, give reasons for your answer. Do the case briefs for the U.S. Supreme Court cases of California v. Greenwood 486 U.S. 35 (1988), Chimel v. California 395 U.S. 752 (1969), Arizona v. Hicks 480 U.S. 321 (1987), and United States v. Robinson 414 U.S. 218 (1973) in the back of the textbook. Case Brief should be written in the format below. Case Briefing: Students will from time to time be called to write briefs of landmark cases, keep a briefing casebook and may occasionally be called on to recite those briefs on-line 1. A case brief includes a summary of the facts of the case. 2. A case brief includes the holding of the majority/plurality of the court. 3. A case brief includes the reasoning behind that holding. 4. A case brief includes the importance of that case to the criminal justice system and American society as a whole.