The Fourth Amendment to the U.S. Constitution reads: The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized (The Free Dictionary 2013) In 1973‚ the Supreme Court case Cady v. Dombrowski created the “community caretaking exception
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of the right to counsel during interrogation. One source is the Court’s interpretation in Miranda v. Arizona of the Fifth Amendment right against compelled self-incrimination; the other is contained within the language of the Sixth Amendment. Because the protections afforded individuals under these constitutional provisions differ‚ it is critical that law enforcement officers understand the provisions and appropriately apply their protections. This article examines both the Fifth and Sixth Amendment
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Paper Throughout American history many changes have occurred. However‚ throughout history The Bill of Rights has helped America have a strong constant foundation. James Madison created the Bill of Rights in 1788. They helped guide America through these changes but were never altered. Out of these ten amendments the eighth amendment has been upheld since it was created. The eighth amendment states‚ “Excessive bail shall not be required‚ nor excessive fines imposed‚ nor cruel and unusual punishments
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The Sixth Amendment The 6th Amendment focuses completely on the rights of a person accused of committing a crime by the government. The 6th Amendment contains seven specific protections for people accused of crimes. These seven rights are: the right to a speedy trial‚ the right to a public trial‚ the right to be judged by an impartial jury‚ the right to be notified of the nature and circumstances of the alleged crime‚ the right to confront witnesses who will testify against the accused‚ the
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Fifth Amendment The Fifth Amendment of the U.S. Constitution provides‚ "No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a grand jury‚ except in cases arising in the land or naval forces‚ or in the militia‚ when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life; nor shall be compelled in any criminal case to be a witness against himself‚
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case better. Procedural History- is the disposition of the case in the lower court‚ which explains how the case got to the court. Issue-What is the basic legal question regarding the law that will be used in the case Argument- An expression with reasons why or why not the crime was committed. Holding-What is the basic answer to the legal question in the case. Rationale-A reasonable explanation of the case at hand Write a case brief of U.S. v. Katz‚ including facts‚ procedural history‚ issue
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The Fifth Amendment In 1966‚ there was a supreme case called Miranda v. Arizona which the Supreme Court ruled that the fifth amendment privilege againest self incrimination requires law enforcement to advise a suspect that before a custodial interrigation‚ a suspect must be informed of both his or her privileges against incriminating oneself and to obtain an attorney. Miranda warnings must be given before any questioning by law enforcement officials. The fifth amendment was developed because the
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The Fifth Amendment dates back to the 17th century‚ in England. They used it to protect their citizens. It was designed to protect us just like it protected the people in England. It protects us against government authority in a legal procedure. Amendment 5 states‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a Grand Jury‚ except in cases arising in the land or naval forces‚ or in the Militia‚ when in actual service in
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I. THE FOURTH AMENDMENT SHOULD CONTROL MALICIOUS PROSECUTION CLAIMS INVOLVING PRETRAIL DETENTIONS WITHOUT PROBABLE CAUSE Years ago this Court instructed that the Fourth Amendment should be used to analyze allegedly unconstitutional “detention[s] of suspects pending trial.” Gerstein v. Pugh‚ 420 U.S. 103‚ 125 n.27 (1975). Since then this Court has reaffirmed that the “detention of criminal suspects” is “governed by the provisions of the Fourth Amendment.” Albright v. Oliver‚ 510 U.S. 266‚ 274 (1994)
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well. One of these controlling factors is the Fourth Amendment‚ which protects our citizens and visitors from an array of items. A few in particular would be; right to privacy‚ search‚ and seizure. The Fourth Amendment also sets the tone for how arrests are affected and how reasonableness is weighed on heavily. The Fourth Amendment grants American citizens protection from illegal searches and seizures. The Fourth Amendment is designed to protect the right to privacy
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