The Fourth Amendment: Search Or Seizure?
The Fourth Amendment addresses the right of the person to be secure in their person, house, papers, and effects, against unreasonable searches and seizures, and warrants as they relate to probable cause (2012). Specifically, the procedural rights of the fourth amendment require law enforcement to follow guidelines regarding the search and seizure of persons and property and address the steps for illegally obtained evidence.
Searches, defined as the exploration or inspections of homes, offices, vehicles, persons or premises by law enforcement for the purpose of recovering evidence associated with the alleged commission of a crime (2012), can fall into one of two categories for execution. The first of these searches is the search and seizure …show more content…
Finally, the exclusionary rule excludes illegally seized evidence from federal trials. Originally enacted to protect individual’s rights from official misconduct and to maintain judicial integrity, its purpose is to deter the violation of the fourth Amendment rights by police (2012).
The Fifth Amendment addresses the right to a grand jury indictment in a felony case. Regarding double jeopardy or subjection to the same offense twice in court proceedings when jeopardy is attached in the first and were no mistrial was declared (2012). However, the prosecution is able to retry a defendant upon the deceleration of a mistrial or upon granting a new trial.
Protection against compelled self-incrimination protects the defendant from being forced to testify against himself/herself. This is based on the concept that “…confessions may not be truthful if they are not made voluntarily (2012). A confession is defined as an admission of guilt by a person accused of committing a criminal offense. Additionally, applying the doctrine of compelled self-incrimination, defendants have the right to refuse to answer the prosecution’s questioning while on the stand, opting to plead the fifth or opting to refusal …show more content…
The right to an impartial jury for “defendants charged with a felonies or misdemeanors punishable by more than 6 months imprisonment are entitled to be tried before a jury” (2012). It is the presumption that the jury will be unbiased and the trial will occur in the district for which the crime was committed as guaranteed by the Sixth Amendment.
Likewise, the right of reasonable notification of charges and trial are planted at the core of the due process model. As indicated in the right to confront opposing witnesses, “…the defendant has the right to be present during their trial and cross-examine witnesses against them” (2012). Conversely, the defendant has the right to call witnesses or evidence on his behalf either voluntary or compelled by a court issued
Searches, defined as the exploration or inspections of homes, offices, vehicles, persons or premises by law enforcement for the purpose of recovering evidence associated with the alleged commission of a crime (2012), can fall into one of two categories for execution. The first of these searches is the search and seizure …show more content…
Finally, the exclusionary rule excludes illegally seized evidence from federal trials. Originally enacted to protect individual’s rights from official misconduct and to maintain judicial integrity, its purpose is to deter the violation of the fourth Amendment rights by police (2012).
The Fifth Amendment addresses the right to a grand jury indictment in a felony case. Regarding double jeopardy or subjection to the same offense twice in court proceedings when jeopardy is attached in the first and were no mistrial was declared (2012). However, the prosecution is able to retry a defendant upon the deceleration of a mistrial or upon granting a new trial.
Protection against compelled self-incrimination protects the defendant from being forced to testify against himself/herself. This is based on the concept that “…confessions may not be truthful if they are not made voluntarily (2012). A confession is defined as an admission of guilt by a person accused of committing a criminal offense. Additionally, applying the doctrine of compelled self-incrimination, defendants have the right to refuse to answer the prosecution’s questioning while on the stand, opting to plead the fifth or opting to refusal …show more content…
The right to an impartial jury for “defendants charged with a felonies or misdemeanors punishable by more than 6 months imprisonment are entitled to be tried before a jury” (2012). It is the presumption that the jury will be unbiased and the trial will occur in the district for which the crime was committed as guaranteed by the Sixth Amendment.
Likewise, the right of reasonable notification of charges and trial are planted at the core of the due process model. As indicated in the right to confront opposing witnesses, “…the defendant has the right to be present during their trial and cross-examine witnesses against them” (2012). Conversely, the defendant has the right to call witnesses or evidence on his behalf either voluntary or compelled by a court issued