Essay About Main Amendments And Illegal Search

Us/az Government Final Assessment
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When I received your phone call I knew instantly that I needed to help you out. At our
meetings, you told me you were accused of shoplifting several items from JCPenney. I also
discovered you hardly knew your rights and you werent familiar with anything that dealt with
court. There are three main amendments that deal with your rights when youre accused and
what you can expect in court. Amendment 4: No illegal search and seizure, Amendment 5:
Rights of the accused, and Amendment 6: Right to a fair and speedy trial. Ill go more into depth
of what they all mean.
While Amendment 4 does protect against illegal searches and seizures, theres more to
it than just that. The exclusionary rule, which came from the case Mapp V. Ohio – 1961, states
that illegally obtained evidence cannot be used in a trial. For example, if you had marijuana on
your kitchen table and the cops are at your door, unless they can see it from the door, they cant
use that against you. A warrant is required to legally allow the search of private area. If police
come to your house and insist to search your house without a warrant you have the right to not
let them in. For a probable cause, the person accusing you must give out every single detail on
why they have accused you. Under this, reasonable suspicion doesnt require a warrant; they
may briefly detain you if you look suspicious. The one you were accused with was stop and
frisk; its a lesser search and seizure that is legal without a warrant. Even though you werent
accused inside a school, you are a young student and its best if you know that in public schools
searches do not require warrants. New Jersey V. T.L.O. (1985) was the case that determined
this. All thats required is reasonable suspicion.
In Amendment 5 are all the rights of the accused, make sure you examine this
amendment very carefully. In court, you have every right to testify against yourself but arent
forced to. If the police wants to ask you questions he/she must first read you your Miranda
rights. Miranda VS. Arizona was the case that made the Miranda rule, which states that
suspects must know what they have the right to do. “You have the right to remain