Constitutional Rights Before Arrest
Constitutional Rights & Protections Before Arrest
Introduction
The United States Constitution was a concept first derived from the repression citizens once suffered under British rule. Rights were determined by the crown and only extended to those citizens the monarchy felt deserving. Once accused of a crime, a citizen had very limited protection and guarantees of fairness and due process. In an effort to provide for guaranteed rights to those accused of a crime, the Constitutional Amendments addressed rights designed to protect citizens before arrest and to ensure arrests are based on as many available facts as possible.
Context
Of the many protections afforded citizens prior to arrest procedures, the most frequently …show more content…
Police officers may temporarily detain (the length of that detention is a frequently argued issue) an individual long enough to determine their identity and a general explanation for their whereabouts. The frisk refers to a cursory pat down an officer may conduct to feel for any obvious weapons. Again, an officer must have a founded suspicion that the person may be armed. This is not a search and no part of the person or his belongings is subject to search under mere reasonable suspicion. Once an officer concludes this brief interview, a citizen can be detained no longer without further indicators of criminal activity. This stop, although certainly less than arrest, still requires the articulation of facts that the suspicion exists that a person has committed or is about to commit a crime. A “hunch”, even from an experienced police officer, can not singularly constitute reasonable …show more content…
Miranda's poisoned fruit tree: The admissibility of physical evidence derived from an unwarned statement. Washington Law Review, 78(3), 757-794. Retrieved July 4, 2008, from Research Library database. (Document ID: 395361691).
Ciarelli, S (2003). Pre-arrest silence: Minding that gap between fourth amendment stops and fifth amendment custody. Journal of Criminal Law & Criminology, 93(2/3), 651. Retrieved June 30, 2008, from Research Library database. (Document ID: 393196161).
Davenport, A. U. (2006). Basic criminal law: The U.S. Constitution, procedure, and crimes. Upper Saddle River: Pearson Education, Inc
Rogers, R. Harrison, K. Shuman, D. Sewell, K. Hazelwood, L. (2007). An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage. Law and Human Behavior, 31(2), 177-92. Retrieved June 30, 2008, from Research Library database. (Document ID: 1238683411).
Anonymous. (2004). 8th Circuit: Forceful Questioning Nullifies Confession. Juvenile Justice Digest, 32(17), 4-5. Retrieved July 4, 2008, from Research Library database. (Document ID:
Introduction
The United States Constitution was a concept first derived from the repression citizens once suffered under British rule. Rights were determined by the crown and only extended to those citizens the monarchy felt deserving. Once accused of a crime, a citizen had very limited protection and guarantees of fairness and due process. In an effort to provide for guaranteed rights to those accused of a crime, the Constitutional Amendments addressed rights designed to protect citizens before arrest and to ensure arrests are based on as many available facts as possible.
Context
Of the many protections afforded citizens prior to arrest procedures, the most frequently …show more content…
Police officers may temporarily detain (the length of that detention is a frequently argued issue) an individual long enough to determine their identity and a general explanation for their whereabouts. The frisk refers to a cursory pat down an officer may conduct to feel for any obvious weapons. Again, an officer must have a founded suspicion that the person may be armed. This is not a search and no part of the person or his belongings is subject to search under mere reasonable suspicion. Once an officer concludes this brief interview, a citizen can be detained no longer without further indicators of criminal activity. This stop, although certainly less than arrest, still requires the articulation of facts that the suspicion exists that a person has committed or is about to commit a crime. A “hunch”, even from an experienced police officer, can not singularly constitute reasonable …show more content…
Miranda's poisoned fruit tree: The admissibility of physical evidence derived from an unwarned statement. Washington Law Review, 78(3), 757-794. Retrieved July 4, 2008, from Research Library database. (Document ID: 395361691).
Ciarelli, S (2003). Pre-arrest silence: Minding that gap between fourth amendment stops and fifth amendment custody. Journal of Criminal Law & Criminology, 93(2/3), 651. Retrieved June 30, 2008, from Research Library database. (Document ID: 393196161).
Davenport, A. U. (2006). Basic criminal law: The U.S. Constitution, procedure, and crimes. Upper Saddle River: Pearson Education, Inc
Rogers, R. Harrison, K. Shuman, D. Sewell, K. Hazelwood, L. (2007). An Analysis of Miranda Warnings and Waivers: Comprehension and Coverage. Law and Human Behavior, 31(2), 177-92. Retrieved June 30, 2008, from Research Library database. (Document ID: 1238683411).
Anonymous. (2004). 8th Circuit: Forceful Questioning Nullifies Confession. Juvenile Justice Digest, 32(17), 4-5. Retrieved July 4, 2008, from Research Library database. (Document ID: