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Government Power & Constitutional Limits

Government Power & Constitutional Limits

Throughout this course, you will be reading and learning about the various limitations that the U.S. Constitution places upon the power of the government (i.e., law enforcement) to investigate crimes.  Before you truly begin to study these rules it would be interesting to start discussing some of your opinions and reactions to different investigatory practices.  Consider and respond to the following questions.

Government Power & Constitutional Limits

  1. Do you think that the police should be entitled to search through a citizen’s trash for evidence of a crime?  If so, why?  If not, why not?  What limitations do you think the law does or should impose upon the power of the police to use such an investigative practice?
  2. In most instances, the government may be entitled to x-ray the contents of your bags at locations such as airports, schools, courts, train depots, and bus terminals.  However, suppose for a moment that such x-ray technology had become available to police officers on the street in a hand-held device.  Should officers on the street be entitled to x-ray the backpacks, briefcases, purses and other items of citizens on the street?  If so, why?  If not, why not?  What limitations do you think the law does or should impose upon the power of the government (the police) to use such technologies?
  3. If you were responsible for drafting the Constitution of a new country what three limitations do you feel would be the most important to place upon the power of the government to investigate and prosecute crimes or in the punishing of offenders?
  • Do you think police should search trash for evidence and why?,

  • What limitations should law impose on trash searches?,

  • Should police use handheld x-ray devices to search citizen belongings and why?,

  • What limitations should exist on handheld x-ray technology?,

  • What three constitutional limitations would you include in a new country?,


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Government Power & Constitutional Limits
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