Home

Learn more

Northern Essex Community College

Module 7 Prep Activity

Review the activity overview, learning objectives, directions, and submission expectations before submitting your work.

Overview

The Fourth Amendment protects individuals from unreasonable searches and seizures while also providing law enforcement with legal mechanisms to investigate crime. Courts frequently balance the rights of individuals against the government’s interest in protecting public safety and enforcing the law. As a result, judges often must determine whether evidence was obtained legally and whether exceptions to constitutional protections apply.

This activity asks you to evaluate a real-world Fourth Amendment scenario and prepare arguments from multiple perspectives. You will analyze constitutional protections, police authority, and the exclusionary rule while preparing to defend your position during an in-class debate.

Learning Objectives

(These objectives support the prep activity and are not the questions to be answered.)

  • LO1: Explain constitutional limitations placed upon police officers during searches and seizures. (SLO3)
  • LO2: Evaluate the application of the exclusionary rule and its impact on criminal investigations. (SLO3)
Prep Topic

Case Scenario:

A woman contacted police after her daughter was severely beaten by her boyfriend. The daughter used a key to allow officers into the apartment where the boyfriend was sleeping. Officers did not obtain either a search warrant or an arrest warrant. While inside the apartment, officers observed a white powdery substance in plain view on a table, which was later identified as cocaine. The suspect was arrested and charged with narcotics offenses.

During court proceedings, the defense argued that the evidence should be excluded because the daughter had moved out several weeks earlier and therefore lacked authority to consent to the officers entering the apartment.

  • Create a bullet list of arguments supporting both positions below.
  • Position A (Prosecution): The evidence should be admitted because the officers acted reasonably and one or more exceptions to the warrant requirement apply.
  • Position B (Defense): The evidence should be excluded because the search violated the Fourth Amendment and the exclusionary rule should apply.
  • Prepare at least five talking points supporting each position.
  • Consider issues such as:
    • Third-party consent
    • Apparent authority
    • Good faith exceptions
    • Plain view doctrine
    • Exigent circumstances
    • Reasonable expectations of privacy
    • The exclusionary rule
    • Public safety concerns
    • Victim cooperation
    • Constitutional protections
  • After preparing arguments for both sides, write one additional bullet indicating how you believe a judge should rule and why.
  • Be prepared to defend either side during the in-class debate regardless of your personal opinion.
Acceptable & Ethical Use of AI
  • You may use AI tools to help identify legal concepts related to the Fourth Amendment and the exclusionary rule; however, you should independently verify any information before including it in your prep activity.
  • If you use AI to assist with brainstorming or research, your final prep must reflect your own analysis, conclusions, and understanding of the course material.
Directions

Please read all instructions carefully before submitting your prep activity.

  • Your prep should be no longer than 1 page.
  • This NOT a paper but rather talking points in bullets for our in-class meeting.
  • Abstract NOT needed.
  • Sources are NOT needed.
  • Submissions are checked against a Plagiarism Checker and AI Detector.
    • Direct quotes should not exceed 15% of the total paper.
    • AI Usage – you must use AI ethically. Papers written by an AI is cheating.
  • Stop over-thinking this activity. It should be a simple list of talking points.
Submission Guidelines
  • Submit your prep activity through the designated submission area.
  • Accepted formats include Word or PDF unless otherwise specified.
  • Review the grading rubric before submitting your work.
  • Submissions are checked using both a plagiarism checker and AI detection software.
  • Direct quotations should not exceed 15% of the total submission.
Important Reminder

Important: All work must be your own. AI may be used only in the limited and ethical ways described above. Using AI to write your submission is considered academic dishonesty. This activity is intended to prepare you for class discussion, so focus on creating your own talking points and analysis.