TITLE: DO I HAVE A RIGHT TO PRIVACY?
AUTHOR: Geraldine J. Kleppin, Weiser Junior High School, Weiser, ID
GRADE LEVEL: Appropriate for grades 4-12
OVERVIEW: Students, like all Americans, must know their rights and
responsibilities to be productive citizens within our democracy. This
lesson will show the students the Fourth Amendment and their right to
privacy by involving them in a simple activity that takes place in the
classroom. Time involved is a minimum of one class period with several
options for lengthening the activity. One place within the curriculum to
utilize this activity would be in a study of pre-Revolutionary War
activities, specifically the British use of writs of assistance, as well
as when studying the Constitution.
PURPOSE: Through this and related activities, the students should gain a
better knowledge of the contents and application of the Fourth Amendment.
OBJECTIVES: As a result of this activity, the students will:
1. Demonstrate a rudimentary knowledge of the Fourth Amendment
2. Demonstrate an understanding of terms: reasonable search/seizure,
sanctity of a man's house, right to privacy
3. Write a law, being concerned with the wording and its connotations
4. Gain experience in working in small groups to reach a consensus and
follow specific directions
5. Practice discussion and active listening skills
MATERIALS/RESOURCES: Student American history text and/or U.S.
Constitution will be needed. An application form and a copy of an actual
warrant may be obtained from the prosecuting attorney or district or
magistrate judge. A lawyer or judge could be a valuable asset for the
debriefing on Day 2.
ACTIVITIES AND PROCEDURES: The teacher will set up the initial activity
with one student (defendant) before class. At the beginning of a class the
selected student will rummage through another student's book bag,
searching without the owner's permission for an item, perhaps a
calculator or hand-held video game. This student will proceed to another
bag, continuing the search until she/he is stopped by a fellow student or
has found the desired item which she/he will take to use at her/his desk.
After a short discussion time to allow students to express their
thoughts, they will write down what they saw happen if a mock trial is
planned for further study. Otherwise, the students will be placed in small
groups of five: one will be the recorder/reporter, two will state two
reasons why the defendant should not have been digging through other
students' property, two will support the defendant with two reasons for
her/his actions. Allow 8-10 minutes at which time the reporter will state
the results of the small group. These reports should be written on
newsprint or chalkboard for use as the class proceeds to the next step.
Now the class as a whole, with the teacher moderating, will exercise
their discussion skills to cooperatively write a school rule allowing or
prohibiting random searches of student property.
Homework will be assigned for each student to write a paragraph
opinion supporting or in opposition to the class's rule. The writing of a
rule/law could also be accomplished in two groups, one pro, another con.
Debrief on Day 2 with students in two groups to demonstrate their
position on the issue of students' right to privacy. A lawyer or judge
would serve as a resource person to hear the student views on this issue,
as demonstrated in our Constitution, and the logic of their arguments.
She/he could also provide realistic insight and information concerning
student rights, the procedure for obtaining a search warrant, if and when
one is needed, as well as serving as a courtroom lawyer to question
students on their observations of the previous day's incident.
TYING IT ALL TOGETHER: Evaluation of this lesson may include the grading
of the student position paper. Students could also earn a set number of
points for their involvement within the small group as well as class
discussion which must be carefully engineered by the teacher and/or
resource person to include all students. Further evaluation of the
understanding gained by the student could be a follow-up quiz or a simple
case study to determine basic concepts gained.
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