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next from Chatham Illinois judges John.Schmitt and John Childress talked with.students in a government class about the.workings of the judicial branch and how.the legal system affects them as high.school students this program is part of.a civic education effort organized by.the Illinois judges Association it runs.about 45 minutes I'm John Schmidt I'm.the fat one jokes Childress is a tall.smart skinny one I'm the fat dumb one so.you get to hear for me first I'm we're.going to break this up into two parts.number one I'm going to talk to you.about the court system and how its put.together and how it's made up it's very.important affects your life every day.you might not know it but it affects you.every day in ways that you might not.feel right away and sometimes you do.feel right away and then judge Childress.is going to take you to through a.scenario that actually happened or.something the true case it actually.happened in a school and it affects your.rights that you have as students and as.citizens of this country just a little.background on myself real quick I'm a.Circuit Judge here I sit in six County.Sangamon Morgan the coop and Jersey.Green and Scott I primarily sit in Sam.and that's where most of our cases are.but I sit in the other six counties also.we hear a wide wide range judge Earl's.not Childress and I hear a wide range of.cases from your basic traffic ticket all.the way up to first-degree murder.from slip and fall in a grocery store to.medical malpractice cases that occur we.hear those cases and sit and preside.over them what is our job as judges what.do we do as a judge is it our job to put.people in jail is it our job to sit.there and look pretty in our black robe.what is our job our job is to preside.over that courtroom and make sure.everyone gets a fair trial in a criminal.case do you think I have an opinion of.how the case should come out do I do I.have an opinion absolutely not do I know.anything about that criminal case or.civil case before it comes before me do.I know any of the facts no I'm hearing.it for the first time just like the.jurors and my job is to sit there and.preside over the attorneys and make sure.both sides.have an opportunity to fairly present.their case and that's what you want.because if you have a controversy or.someone you want to be able to go to a.courtroom and let your side come out and.that's what we do every day be it a.speeding ticket we had a murder case.be it a malpractice case get and fall.that's good.that's what we do now we talk to you.about you know our government's broken.up into three sections legislative.executive and jewel who's more important.who's the most important who that's.right each and every one of them is.equal there is no part of the government.more equal that's a bad term and.orwellian turn there's no part of the.government that is over the other part.of the government the president isn't.over the Supreme Court the Supreme Court.isn't over the Congress the Congress.isn't over the president there are.separate branches of government and.they're all co-equals and it only works.when they work together so I'm going to.talk to you bout article three the.courts for a second you might recognize.the guy on the right side of the screen.who's that Steven Tyler what does he do.what did he do I think he quit if I if I.recall my conversation with my wife.correctly I think he quit but what's he.do.well it's he do on American Idol okay.who's the guy on the left he is a judge.there's a good judge but who is he.could could Steven Tyler walk walk.through what I've been in White House.mall and ages could he walk through.White House mall without grabbing a.attract in the crowd huh don't think so.they'd be on him wouldn't they have you.wanted to talk to him I think that guy.could walk through the mall did not.gather a crowd hmm yeah who is it he's a.Supreme Court guy that's right which one.there's nine you got one of nine so who.is he well it's not hard for me to.forget his first name John okay his last.name Roberts he's the chief judge of the.United States Supreme Court the chief.judge Chief Justice actually of the.United States Supreme Court John Roberts.I would submit to you that mr. Roberts.there has a lot more impact on your life.then mr. Tyler I would also submit to.you that mr. Roberts has lived a much.cleaner life than mr. Tyler alright but.I would say let's put it in perspective.you like Aerosmith I see here seen.Aerosmith in concert besides myself I.mean the real Aerosmith anyone ok well.see how much showing my age a little bit.there alright but what do they do they.sing songs right write songs sing songs.put on concerts make a lot of money.we're sorta loud to do God love them the.American Way.all right what's mr. Roberts do Justice.Roberts what's he do.how's he most recently touched your life.how is he most recently touched your.life and it's going to touch your life I.assure you how yeah Obamacare Obamacare.I don't care if you're for it or against.it that's not what I'm here to advocate.what I'm telling you is this man wrote.the decision was the vote that upheld.the National Health Plan or what has.been Tet called Obamacare I think that's.a little disrespectful to our president.but that's what it's called all right.which do you think affects you more will.affect you more as you go on in life.your health care I assure you you don't.think about it now but you get to be my.age your joint start to ache in the.morning you have children they get sick.they need shots you'll think about that.a lot more than you will Steven Tyler.song I assure you.let's go to the next slide here are.three are three branches of government.the legislators got two parts the house.in the Senate remember every two years.these people touch us well in touch with.them daily these are our representatives.the Senate every six years we elect them.over the executive the president very.exciting to have a presidential election.coming up presidential election coming.up those you old enough to vote I would.encourage you to go out and do it.exercise your right I've never missed an.election president vice president we.don't elect the vice president we know.that they run with the president and who.are the last people the Supreme Court.there are nine of them.how are they placed on the bench who.puts the Supreme Court on the bench the.president the president nominates you.and then what has to have.are you automatically you go get fitted.for the robe Senate very good the Senate.has to confirm you and there's where you.see something gone that's where they.check what you've written to make sure.you're not out of touch with reality and.the Senate votes to confirm you you're.sworn in as the Justice of the Supreme.Court now once you're sworn in how long.do you stay for life as long as you want.think about that if you're a Justice of.the Supreme Court for the rest of your.life practically you're getting a.paycheck you're getting a paycheck you.are why is that what's that do why is it.good why is it good that they're.appointed for life why what does that do.very good that's well put they don't.have to worry about their decisions.impacting politics or politics impacting.their decisions oh there's nothing wrong.with politics we should debate what goes.on in our country and that's what the.legislative and the executive do but.notice how that third equal branch of.government is insulated from that is.insulated from that think about Justice.Roberts if he had to worry about.political implications in that decision.he wrote about health care would that.might have affected him maybe he's a.pretty strong-willed individual if you.know anything about Justice Roberts but.maybe not but anyway he didn't have to.worry about that that's absolutely.correct those justices serve for life.absent treason high crimes are treason.in our to our country they serve.for life and that insulates them from.what happens so a president who puts a.Supreme Court justice on might think.this guy is thinking along my lines that.guy or gal might not think along their.lines what is it eisenhower said Earl.Warren was the worst mistake he ever.made Earl Warren as the Chief Justice.and Supreme Court so very important next.slide assume that next here's the.federal courts now there are two court.systems there are two court systems in.the u.s. there's a state court system.which we'll see in a second in the.federal court system and they're.different they're completely different.the federal court system where's our.federal court hearings do you know where.it is in spring feel.there it is it's the post office.downtown once I call it the post office.on six trees now the federal it's not.the post office anymore it's the federal.courthouse right there on six between.sixth and seventh that's where the.federal court is all right it's made up.of the district courts there are 94 of.them in the country we have one sitting.here there are bankruptcy courts and.their original jurisdiction they're the.ones that hear the cases of original.jurisdiction violations of federal.federal law or disputes between citizens.of opposites different states diversity.all right.there's also a bankruptcy court there.and there are other courts international.court of trade and a federal court of.claims but district courts are your base.level court like circuit courts like I.sit in if you if you do not if you.aren't successful in the district court.and wish to appeal your decision you go.to this US Court of Appeals and there.are twelve circuit regional circuit.courts of Appeal there's one for the.Federal Circuit.they have no original jurisdiction they.hear cases from the lower federal courts.where it's the Court of Appeals for our.area we know what you think it is things.in Pawnee Chicago up in Chicago so you.go up there it's called the Seventh.Circuit all right and then then and then.the United States Supreme Court what's.important remember off the United States.Supreme Court let's say you lose in the.district court and you lose in the.appellate court do you get to go to the.Supreme Court automatically I love when.people say I'm going to the take of this.case all the way to the Supreme Court if.I have to well maybe maybe but what's it.what you need to know about the Supreme.Court they only hear so many cases in.what cases do they hear the ones they.want to I mean that's what's important.about Supreme Court you might have a.case they're gonna call writ of.certiorari you have to apply to them.it's like a application and tell them.why they should hear your case and.they're gonna review it and if they.don't want to hear it guess what you're.done you're done can you appeal that.from them no it's done that's the US.Supreme Court all right one Chief.Justice eight associate justices just go.in this one here's the Illinois courts.Illinois Circuit.courts where's our Circuit Court in.Springfield where is it you know.downtown good where downtown by the.Convention Center that's right right.across the street the County Building I.call it the county building I call so.call it home my office that's where I.work where judge shoulders works all.right now their original jurisdictions.we have 23 circuits the law circuits.Cook County Chicago but all the rest the.circuits are broken up here's remember I.told you were in the 7th federal circuit.we're also in the seventh Judicial.Circuit for the state that makes it.really easy one number to remember 7.most common number on dice also so easy.to remember ok we hear everything like I.said from speeding to murder original.jurisdictions you don't prevail where do.you go the only Court of Appeals all.right now where they sit where's the.Court of Appeals is I here in.Springfield huh.they are recognize that building that's.a that is is that that is their building.yeah that is rebuilding you recognize.that building is you go down Monroe.Street right before you get to the.Capitol it's on the left-hand side of.the street or the north side of the.street they sit here till 4:00 the 4th.district they encompass how many.counties judge told us 46 yeah 40 some.counties for the appellate court it's a.band across the middle part of Illinois.so if you have a case in the Illinois.Circuit Court from say Danville and you.get a bad decision that you wish to a.bad you get a decision you believe is.incorrect you wish to appeal you come to.Springfield now if you don't like what.you get out of the appellate court you.go to the Supreme Court now we have.seven justices in our Supreme Court how.are justices on the Illinois Supreme.Court put in place how how governor good.thought process but incorrect some.states are like that how our justice is.put in place they're elected they're.elected each disk the seven districts.there are seven of them and they're.elected now the biggest one is Cook and.they get to they get to then there are.five they come for the rest of the state.from all the way the north west corner.all the way down to the southern.yep all right they follow the Appel area.so we have one from the fourth district.north Supreme Court justice from this.area do you know her name.no see she could also walk through them.all no one to know her everyone mob.Steven Tyler but I would submit to you.in Illinois I'd rather have the Supreme.Court justice on my side her name's.justice Rita Garman a lovely lady very.very bright lady an excellent justice.but she'd walk right through that she'd.walk in this building you might not.recognize her might not recognize her so.now same thing can you go to the Supreme.Court automatically you lose the.appellate court or you're on your way.the Supreme Court no they have the same.process they only take the cases they.want to hear give you some idea.thousands of cases tens of thousands of.cases 50 some thousand traffic tickets.alone this year justice children justice.chil justice Childress will hear all.right 50,000 not to mention another.1,500 felonies couple thousand law cases.five hundred adoptions 1,800 duis.alright that's a lot of cases hundreds.hundreds of cases is Whittle here okay.maybe also close to thousands because.it's an automatic appeal but not every.case gets appealed you have an automatic.appellate right from here to here.hundreds up here maybe less than a.hundred a year they here in the Supreme.Court so you can see how the pyramid.works its way up works its way up next.slide here are the circuits here we sit.right here in the Seventh Circuit all.right and here's the appellate now you.can tell if you're a Supreme Court.justice and you're trying to get elected.you're running all these counties all.right.there's first second third fourth fifth.down the southern Illinois.that's our appellate court and Supreme.Court here's where our circuit courts.where this is where justice Chilton just.judge Childress and I come from next.slide.combined now you can you can have your.state case go to the federal courts that.is possible it's a long trip all right.but it is possible it is possible use.state court trial court supreme court.when a kid when the US Supreme Court.hears the case from a state court it.comes from the Supreme Court itself and.that's the case we're going to talk.about we're gonna talk about a case.called TLO.versus New Jersey and this is why the.slide is important it tells you how to.ello.a student from a school in New Jersey.got their case before the United States.Supreme Court not just the New Jersey.Supreme Court the United States Supreme.Court go on next one is that it.prosecution let's talk about what people.do this is what this is now I used to do.this I was a state's attorney for many.years and judge Childress was also an.assistant state's attorney with myself.for several years he's also our our.chief he wasn't the US Attorney he was.the first assistant US attorney here in.the Central District of Illinois and in.private practice but the prosecution you.know talk about criminal cases now.because this is what catches a catches a.lot of the attention all right criminal.cases in a criminal case there's a.prosecutor and defense attorney what's a.prosecutors job what's their job.to convict offended not really not.really the prosecutor quite frankly had.submit use probably the most powerful.person in the criminal justice system.because they're the ones that bring the.charges and they're the only ones that.bring the charges if someone rips off.your bookbag can you charge them with a.crime can you bring them into state.court can you know who can do that the.state's attorney and that's the only.person the police can arrest them the.state's attorney and go I'm not gonna.charge it and it ends out of jail you go.you're done so here's the prosecution.duties are the prosecution ABA standards.is to seek justice not merely convict.what's what's the prosecutors greatest.power is it to charge you with the crime.hmm is it to charge you with a crime is.that their greatest power I mean trust.me when I was the state's attorney I can.look at you young lady and go hmm I'm.having a bad day I won't charge someone.with murder better yet I want to be on.TV today and if I charge some with.murder I guarantee you I'll be on TV.today I'll go back to my office what's.your name.Kayla what spring is that really your.thing like streaming.perfect name just in case Cayla spring I.accuse you of murder I take though I.take the warrant up to the judge the.judge signs the warrant here come the.police take you to jail I didn't kill.anyone what are you talking about.hmm that's what a trials for state's.attorney said you've committed murder.you're coming to jail and you're gonna.sit in jail during your trial all right.now what what what power besides.charging you what do you want what do.you want to happen to you you want out.of jail right I have to have the defense.but what's more important than that what.if I you just want out of jail how do.you just get out of jail bail that is.important but how about just the.prosecutor saying you know what never.mind.I dismiss you go to the judge no you.know what judge can't prove my case I.move to dismiss then what happens you're.free isn't that also pretty important.yeah the greatest authority and I hate.the word power I shouldn't use it the.greatest authority they have is the.power to dismiss is the power to dismiss.when you're the state's attorney you can.walk into the jail saying the county.jail and pick anyone out that isn't.under a sentence and by the way most.people in the same handle aren't under a.sentence all right they're a waiting.trial and go let them out let them go.I'm not charging them any longer I'm.dismissing their case and guess what.happens to him they get let go there's.no question asked really are you kidding.me no dismissed how'd they go that's the.state's attorneys job that's the state's.attorneys job now next slide is the.defense I would say I would assume there.you go the defense will skip that one.that's from my cousin Benny there you go.the defense has an equal an equal job in.the courtroom an equal job because they.don't let the prosecution's evidence go.unanswered what is their job.to test the evidence at every turn it.stated there does Ellis Lee represent.their client within the bounds of the.law does that mean they can cheat no.does that mean they can lie node's I.mean they can hide stuff no no but what.are they supposed to do to represent you.zealously within the bounds of law they.test the prosecution's case now why is.that important why remember that.prosecute we talked about to just bring.charges.they want you want them to be the final.word no no miss spring here will be in.jail and it's not gonna be good all.right because she's innocent you want.someone that will test the case and.that's what the defense attorneys job is.to do it really is there do you know.what you watch TV you know TV purposely.purposely portrays them poorly if you.ever watch TV shows defense attorneys.but they ever have on outside of the.they call like the you hire one but if.you ever look at how they portray public.defenders on TV they're usually in you.know lousy suits or sport coats like.I've got on today.they're downtrodden really if you get.charged with a crime your public.defender is probably your best friend.now they're not gonna take you home and.hold your hand but legally they're your.best friend they're your best friend all.right and we'll talk about this little.bit do you get a public defender for.speeding tickets when do you get a.public defender hmm anyone know when you.can't pay for your own lawyer but what.else has to happen like you get a.speeding ticket for chatter that never.happens.they don't rate speeding tickets but.what happens you go to court but what if.you say I want a trial I want a jury.trial very talented jury trial on your.speeding ticket oh absolutely absolutely.all right can you get a public defender.to do it for you since you don't know.how to do it or you're poor and your.parents won't hire an attorney for you.smartly you get what you get a public.defender then whom who here thinks you.get a public defender for speeding.ticket whoo all right okay who thinks.you don't the rest of you who doesn't.care like just get over with it get it.over with else let the skinny guy talk.all right whoo you don't here's the.Gaiden here's the dividing line for.public defenders you have to go to jail.you have to be subject to be put in jail.and you can't be put in jail for a.speeding ticket but if the crime that.you committed are charged soon and say.the crime you're charged with allows you.to be put in jail a Class C Class B.Class A misdemeanor and felonies you get.a public defender you get it what.defender I think we're about done next.one defense persuade the jury there you.go.examine the prosecution's witnesses I.want talk about cross-examination for a.second cross-examination is a very.important aspect of our of our criminal.justice system it's worth it you see it.on TV and it's portrayed on TV but I'd.submit to you like most things on TV it.doesn't portray it accurately what's the.importance of cross-examination what's.the importance of it having your.attorney get to ask the state's.witnesses their own questions.think about it how important is that do.you think the prosecutor asks every.question that you want asked no but.there are two things going on what else.is going on.number one the witness is testifying.against you is sitting in the courtroom.in your presence they're not on.videotape and it's not a written piece.of paper in affidavit it's the live.human being that has to come to court.and sit in the witness stand and testify.think about how how bad it would be if.you could just be convicted by affidavit.if people could just submit written.statements and the judge considers the.written statements it goes these all.look good to me you're guilty no how.does returnee cross-examine that piece.of paper they can't you have to have the.live person there so the judge or jury.can see how they hold themselves up to.cross-examination is called.confrontation and it's also one of the.amendments in the Constitution I believe.it's a sixth amendment there in your.Constitution book all right and last one.and now we're gonna go to judge.Childress who's going to talk to you.about a real case that really occurred.and went from the states of state courts.of New Jersey all the way up to the.Supreme Court of the United States judge.Childress hey judge Smith thanks very.much guys good morning and thanks for.thanks for hosting this where'd you.teach mr. Welch thanks very much for.having us appreciate it this part of the.presentation is interactive so be.prepared to come up and help me out be.prepared to ask me questions and here's.why the part we're gonna talk about.right now impacts all I guarantee it.okay so first thing I want to do is get.a volunteer young lady would you come up.for a second.on make sure you bring your purse okay.all right what's your name Raquel Raquel.very nice to meet you I'm John all right.so here's what I'd like to do all right.Raquel can you stand over here you're.good right here okay.here's what I'd like to do I'd like to.take can I borrow your purse or your.backside all right here's what we're.gonna do what I'm gonna do is I'm gonna.spread Raquel stuff out right here all.right everything and then we're gonna.all line up and we're gonna take turns.going through it all right we're gonna.go through your cell phone look at all.your tax we're gonna hit your pictures.we're gonna go through your wallet and.then we're just gonna kind of just talk.about it talk to our friends about it do.whatever we want everybody good with.that know how you feel oh you're not how.come because it's your stuff that's.exactly right all right thank you very.much all right now let me ask this.question guys for your wallets your cell.phones ladies for your purses would be.okay with that that we just open your.stuff we'll shake it out and see what we.can find anybody anybody good with that.nobody's good with that right.not for me somebody you don't know or.anybody an authority right police.officer school official principal.teacher all right so now let me ask you.this what stops that from happening I.get lots of blank looks maybe we should.do it come on.what stops that from happening I heard I.just barely heard that touch of an.answer the Fourth Amendment that's.exactly right the Fourth Amendment so.when you think yourself back in your.head this has got absolutely nothing to.do with me you could not be more.incorrect and the reason is is the.Fourth Amendment protects everybody all.right literally this is why people.cannot go through your belongings this.is why I cannot show up one young lady.your name.Kim that is why I cannot show up on.Kim's doorstep take it I'm here to toss.your room I'm taking the drawers out.turn them upside down and we're just.gonna look see what you got that's why.okay.automobile.personal belongings all those things.alright this is why so now let's try to.understand a little bit about it I need.to aspire I need an aspiring actor an.aspiring actor I saw you smile so you're.in come on come on up.come on see the trick is to avoid eye.contact maybe won't how about you young.man alright you are gonna be a criminal.defendant what's your name.you're a future criminal defendant not.quite yet but you just got caught you.sir Lauren write your name Ryan you are.in a position of authority alright.alright so here's what happened you're.gonna read and I'll be the principal.you're gonna be teacher we're gonna pass.this around alright.so you gonna read it like you mean it.you smell like smoke have you been.smoking a billion smoking here that's.pretty good you're a student now you're.done if that's your denial you're all.it's over I don't believe you give me.your backpack we're going to the.principal's office.alright.this is a fair I haven't done anything.wrong.all right so now it's to you and I is.that you did an excellent job Thanks.okay so now I'm the principal hand it.over hand me your purse over you've.broken a rule I want those cigarettes.things are getting bad for you just.don't a little on I like it we're going.to search it I searched it and what do.you think I find what do I find.weed marijuana all right all right good.job.thanks very much little round of.applause for after a very nice all right.so can we yeah please all right you can.run all the way all the bolts there you.go all right so that is what you just.saw in skit form okay real case real.student real principle real Supreme.Court all right so what happened was TLO.initials obviously cuz she's a juvenile.all right so her identity is protected.gets caught smoking and for her it rolls.downhill from there all right.so the principal searches her purse.looking for cigarettes find cigarettes.but also while in the purse finds.rolling papers and what a rolling papers.used for many times I think I heard.doobage I know what that word means.marijuana all right all right to roll.marijuana cigarettes and he also finds.something else you can with keep rolling.down there there you go plastic bags.pipe large amount of money and documents.implicating the students marijuana doing.so if you take plastic bags lots of cash.and drug records what do we think what.do we thinking tlo's involved in make a.little extra money right right dealing.drugs at school all right.so next slide all right so it starts in.the juvenile court of New Jersey so now.we know the TLO like our actors here in.class knew a little law she's in whoa.whoa whoa you gotta have a warrant.before you look at my stuff which is.consistent with what we talked about.right I can't get in your purse I can't.get in your phone I can't get in your.wallet right without some reason right.and everybody knows what a search.warrant is right it's a document.authorized by a judge that establishes.magic words.anybody know probable cause.okay a reason to believe a crime has.been committed all right so she takes.her case to the juvenile court in New.Jersey done takes her case to the.Appellate Division of New Jersey done.takes a case to the Supreme Court of New.Jersey gets overturned says you're right.they violated your Fourth Amendment.rights right this all comes back to the.Fourth Amendment Supreme Court United.States that's where we are.next slide please all right here's the.question is it constitutional to search.a person a student's possessions without.a warrant while he while he or she.attend schools so when I told you that.this applies to you it applies to you.this case is about a student at school.and their stuff I look around up and.down the aisles I think everybody has.either a book bag or purse okay so this.is about my right your teachers right.principals right to get in your stuff.when they can and when they can't do it.okay that's how it applies okay Fourth.Amendment I won't belabor all right big.important stuff secure in their persons.houses papers and effects what we talked.about right I can't come to your house I.can't get in your purse ostensibly.without a warrant.supported by magic words excellent all.right next slide okay there's two.questions was the search justify.and was a scope of the search reasonably.related to the circumstances next slide.please.okay what do you guys think was the.search justified who thinks it was.perfectly fine to do what they did to.TLO put yourself in her shoes.who's good with it.having had that happen to you to it I.said I'll just put that down to a bad.day maybe my parents won't hear about it.it'll all work out.who is of that opinion nobody who if.they're in TLO shoes anybody yeah.generally uncomfortable sure you're.thinking really they can do this alright.so let's talk about that reasonable.suspicion you got to think about this as.a ladder okay probable cause is at the.top if there's probable cause you and.your things can be searched reasonable.suspicion a little less to start a.search okay remember the first thing the.principal does is what looks in the.what's you look in right the purse.exactly your name young man.Michael what gave him reason to look in.the purse smelled like smoke.all right so when you smoke not that.anybody does in this room what do people.who smoke look smell like all right they.smell like cigarettes right or I smell.like smoke what else eyes get red.sometimes maybe for a new smoker really.hardcore serious smoker nicotine stains.or whatever but all these things and.we're gonna assume that smoking is not.okay on campus all right so is that.reasonable suspicion to believe that a.rules been broken that she comes off.smelling like smoke or maybe is even.seen smoking in lady what do you think.you think so.she was seen smoking at campus right in.the in the case it was in the bathroom.that's exactly right and that's a great.question.right that's a jurisdictional question.all right give me the next one please.all right was the search reasonably.related to the scope or related in scope.to the circumstances there has to be a.connection between what is searched and.how it's searched and what you're.searching for.and let me give you an example all right.what's your name Michael come on over.all right you're good right there you're.good right there not one of the other.but now in the middle all right so.here's the deal I think Michael has oh I.don't know a stolen iPod on him okay and.I have reasonable grounds to believe.that he stole somebody's iPod no let's.say it let's call it an iPhone okay so.everybody's got kind of a mental image.of the size and and the weight and.everything else all right.so here's my two options one is I can.ask Michael to turn his pockets inside.out or the pockets he has on him okay.whatever pockets my other option is I.can tell Michael I'm gonna put you in.this room and I got five people you're.gonna strip-search you all right so if.you're Michael which one is the.preferable option pockets right clearly.which one here's the second question.you're good with that right yeah yeah.first option right let me ask you this.which one tank is the legal option the.first one or the second somebody said.the second.which one is more reasonably related to.what I'm looking for.why not to be too delicate about it but.that's right where are you gonna put an.iPhone right.I'm not tithing it behind my ear right.okay so that's exactly thank you that's.exactly what I'm trying to get across.that search has to be reasonably related.to what you're looking for okay next.slide please.all right remember now the scales of.justice everybody's familiar with this.and there's a reason we talk about that.it's because things relate to one.another the need to search versus the.invasion of privacy the need to search.to maintain security preserve order and.preserve a safe environment let me just.put it to you this way there are some.things that or there are some rules.whether you agree with all the rules or.not that are clearly in everybody's best.interests no firearms in an environment.like a school is a perfect example okay.that's just flat-out safety you balance.those rules whatever they might be.versus the expectation of privacy and.it's personal security let's talk about.the expectation of privacy who's got a.phone on hands go up.whose phone has a camera on it.immediately bring your phone with you is.it fire it up all right fire camera all.right.do you trust her yeah you trust me can.you fire a picture your name young lady.Morgan I'm John nice to meet you are you.all right if we take a picture all right.everybody listen is your perfectly okay.with this right.are we good all right thank you very.much all right so now there's actually.really we did that all right we took we.took a picture right a digital picture.right okay who knows where that picture.is gonna go Facebook right where else.could it go.what anywhere that's exactly right that.picture could go anywhere and that's why.I was very clear are you okay with.taking this picture all right so here's.what I'm getting expectation of price.now.does I'm sorry your first name yeah.Morgan does Morgan have any expectation.of privacy in that picture with me no.why not keep going here I know you're on.it does she have any expectation of.privacy.did she resisted all taking the picture.did she know that it was gonna be in.digital form does she know that digital.pictures can zip across the world and.last forever right does she know all.those things so I need anything all.right remember the words our expectation.of privacy right expectation of privacy.so I would say she didn't have any.expectation of privacy here's my point.to have a Fourth Amendment protection in.your things.you must have an expectation of privacy.let me give you a perfect example you.guys might have heard about this case I.believe it was in California there was.an individual who bought a house and he.is just Joe suburban cutting the grass.mail put garbage out all those things.except people never seem to go to work.ever.nice house no work so the police start.thinking I wonder how this guy's getting.it done well they start thinking well.maybe there's a grow everybody knows.what a grow operation is right yeah okay.a little bit of gardening inside the.house with the girl ones all right.so they think he's doing a grill.operation so what they do is they get.infrared goggles now remember with.infrared and low white you can see.things putting off heat at night look.through these things and any heat source.pops up ok so they get the goggles on.they're sitting back in the street.looking at his house and you look at his.neighborhood it's like dark house dark.house dark house Christmas tree dark.cutouts dark heads all right so they.think ah right because the grow lights.right high energy high light putting off.a lot of heat okay so what are the what.do you think the police do they you know.armed and they go knocking on the door.let's min just go you got a warrant.coming in what do you think they find.yeah well what else do you think they.find what are they looking for.not just pot plants you should see these.things this guy had a green thumb like.crews all right so it gets charged.there's called a motion to suppress he.doesn't want the evidence coming in and.he had that he had a what in his house.we just talked about it an expectation.of privacy that's right he says you.can't be looking through the walls of my.house when I'm in my house I have this.expectation of privacy and it's.intrusive for you to look through the.walls of my house even though you're.doing it with electronic gear and guess.what the Supreme Court said you're right.you're absolutely right so when you.think expectation of privacy think that.think taking a picture with an old guy.versus sitting in your own house okay.one you have no expectation of privacy.on the other you do can I have my.necklace well it's how much time do we.have.all right I'm gonna I know no overtime.I got you okay.these these issues come up with you guys.as well who's an athlete in this room.who participates in some kind of.athletics do you guys get do you have.the possibility of getting tested drug.tested the answer is yes whether the.schools in it or not just say right all.right so that's another touches you way.it touches you and some schools for.extracurricular activities next slide.please they think I was kidding about.the strip-searched not so much okay all.right well what's that what does that it.topic does that raise that we talked.about we talked about the reasonableness.right the relationship remember my.iphone example right okay next slide.please.you think this affects you guys it's all.straight up the middle for you guys.right everybody's got a cell phone.metal detectors in building everybody's.got a lock next slide please.all right so I know we're coming to an.end and you guys have been great.what I want to do and what judge Schmidt.wants to do is give you the opportunity.to ask any questions we do this is not.just to talk to you guys of the week we.really enjoy that the other reason is is.to be available to you guys okay.I I see lots of people but it's always.in the business sense you know what I.mean it's me sitting up and then.standing down and there's usually.trouble that we have to deal with for.you guys to understand your role.citizens the rights you have how your.world works really important questions.about anything yes sir.TLO did not prevail in Supreme Court.case in the US Supreme Court case.alright that's great that's right I.didn't finish it off that well I told.you that the court upheld the motion to.suppress so what happens there's.something called the fruit of the.poisonous tree all right and that's a.fancy way of saying that if evidence is.seized in violation of a law the police.can't use or the prosecution can't use.it so no charges were brought against.okay yes sir many many times because we.remember we talked about the Fourth.Amendment applies to vehicles okay.many's the time people get pulled over.for DUI or get pulled over for a traffic.stop and things are found in the car.right and they get charged with that.that's a pure Fourth Amendment case and.again there's the motion to suppress.like the guy had the grow operation in.his house they say you can't use this.against me and the reason is it was in.violation of Fourth Amendment and those.come to judge Schmidt into me.and those are the decisions we make with.the exact same information we talked.about okay exactly any other questions.about anything yes ma'am.oh say yes sir that is a fantastic.question I will say this I think.professionally as a judge and personally.too it is utterly someone's right to.exercise their constitutional privileges.it really is and I as a judge judges in.addition to presiding over trials.sentenced people as well people that are.found guilty they come back before us.and we decide with a lot of discretion.about what happens too sometimes that's.the Department of Correction sometimes.it's probation it's a lot of different.varieties and we work hard to fit the.sentence to to the.but I never nor does judge Schmidt ever.penalize somebody for exercising their.constitutional rights if you want to.file a Fourth Amendment alleged Fourth.Amendment violation and you lose you.lost but I'm not holding it against you.you want to go to trial because it's.your right to go to trial and make the.state prove their case I'm not holding.it against you and that is because the.rights that we've been given help the.system achieve a good outcome right in a.balance if one side is strong and the.other is weak do we get good outcomes.ever right ever and that's why the.system is balanced we talk about why.we're here today.Constitution right 225 years these.people that we hear about 225 years ago.they had it figured out pretty good and.it's worked for us that's a hornet but.what would be better for the system.overall if we could add something and I.don't know that it's so much of a.financial thing I would try to add a.layer of understanding and it's this.that in a courtroom whether you're.talking to a judge or whether you're.talking to a jury.I would I would tell people to be as.plain spoken and as direct as you can.possibly be.lawyers love to add layers to things.we're taught that way we we are taught.that way in school we talk that way.sometimes people make fun of us because.of the way we talk sometimes and really.this court system what's it really about.the truth is a good answer what else is.it about what's that why do we have a.court system justice truth but who's it.about.people that's exactly right when you're.really talking to somebody about.something important do you think about.the most multisyllabic word you can get.do you whip out the Latin dictionary and.say I'm really gonna while you with some.language oh you speak plainly and.sincerely and thoughtfully when you're.really talking somebody especially.that's something that's important to you.if I had my way that's the message I.would communicate to anybody who comes.in the courtroom that's the way to go.because when you really boil it down our.court system is about people and.resolving disputes and getting a good.outcome that's a very practical question.it depends on what you're doing right.whether it's a speeding speeding tickets.you have people who are young I think.it's under 18 have a graduated driver's.license okay and I will say this it.depends upon the speed and what you're.doing but the possibility of suspending.your license very quickly exist for.young people usually not with the first.ticket but the discretion of the.Secretary of State comes in yeah I see.somebody I saw you with two fingers up.that's right.I won't I won't I would say in a.personal experience but you get to two.and the discretion is vested with a.secretary of state and the reason is is.because statistics tell us that young.people have y-axis.so will they take it when they give you.the ticket no no no you'll hear later.from them because when you get a ticket.what are you are you guilty or not.guilty not guilty when you come to court.before me before you say anything are.you guilty or not guilty not guilty.that's the presumption of innocence.right so you're just charged a question.great question.great question police police can how do.police get information for a warrant.without violating somebody's.constitutional rights there are there's.evidence you can gather and I'll give.you an example okay who's got a car in.the room all right young lady your name.Erika all right Erika's driving down the.road just minding her own business and.she's speeding a little bit so the.police pull her over okay she goes to.the sides daylight normal car let's just.what kind of car you got okay.Oh five windows tinted probably not no.10 on the windows all right.console in the middle or something like.that all right great so the officer.walks up I'll be the officer yeah how.you doing I hate to give you this ticket.I'm gonna write you a ticket here's your.ticket I'm looking around it's Erica.right Erica is that your one-hitter in.the console no it's not mine all right.so let me let me introduce you something.that's called the plain view doctrine if.police for example can see something in.plain view.they haven't violated your right gets.back to the expectation of privacy right.like that picture that I'm gonna see up.on Twitter tonight Facebook are.excellent excellent.I want you had to give me your Twitter.so I can follow you no I mean I'm on it.all right so that's the plane that's an.example how officers can gather evidence.odds are Eric is going to get charged.with possession of drug paraphernalia.all right any other questions guys thank.you so much really appreciate your.watching the Illinois channel an.independent nonprofit corporation forum.to provide gavel-to-gavel coverage of.illinois state government and other.public affairs events taking place.across Illinois.

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I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?

If you are confused on how to sue or how to answer a complaint, US Legal Forms has all the on line forms you need to file a complaint, including a free preview of a complaints form sample before downloading. Legal Complaint Forms

How do I fill in the anti-ragging form for the IISER-K? Do I have to attach a court paper, or is the signed form enough?

I do not think you need to submit some other court document along with the signed form. While I got admitted to IISER K, I gave the signed form only. Note that even if you miss some document they will provide you approx 1 month of time to submit them after provisionally admitting to the institute.

How can I proceed to the Supreme Court after 9 years for filling out a petition?

I consider the 9 years as a judgement or order by the lower court. According to the Supreme Court Rules, 1966 A petition need to be filed within 30 days from the date of the order or judgement. So, No. You can't file a petition after 9 years.

In Oklahoma if I revoke my probation is there a form that I can fill out and filed to the court that will let me pay my fines and be off probation?

I'm not from Oklahoma but I'm sure that you can't revoke your own probation. If that were possible no one would be on probation. You have no say in your probation. It is all told to you by the Judge and your PO.

What forms do I need to fill out to sue a police officer for civil rights violations? Where do I collect these forms, which court do I submit them to, and how do I actually submit those forms? If relevant, the state is Virginia.

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The legal system is not set up to “get someone in trouble”. The legal system does two things: allows government prosecutors to prosecute people for committing crimes, when those crimes have been reported to law enforcement, and allows private citizens to bring “civil” lawsuits against other private citizens for doing certain things. Simply lying isn’t a crime, and it’s not the proper basis for a civil suit. ….and you can’t do any of this on the internet.

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