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.