2 nd amendment right to keep and bear arms 8 xrhombus

2
nd
Amendment
Right to Keep and Bear Arms

8
xrhombus No Unreasonable Searches and Seizures
xrhombus Police must have warrants to search homes and to
obtain the warrants they must have probable cause
xrhombus Exceptions to the rule - Law enforcement officials do
have the right to search an individual’s pockets, purse, or
car as long as what they obtain was within the view or
reach of the individual at the time of the arrest.
xrhombus Drug tests by businesses and schools are constitutional.
4 th Amendment
Rights of Criminal Defendants
xrhombus Protection against self-incrimination …burden of proof
is on the prosecution.
xrhombus Miranda v. Arizona (1966)
o Right to remain silent
o Knowledge that what you say can be used against you
o Right to an attorney present during questioning
o Right to have an attorney provided if you cannot afford one
xrhombus No Double Jeopardy – cannot be tried twice for same
crime.
5th Amendment
Rights of Criminal Defendants

9
xrhombus Exclusionary Rule – prevents the use of illegally
obtained evidence
xrhombus Mapp v. Ohio (1961) – Without a warrant, police in Ohio
search the home of Dollree Map for a fugitive and found
obscene materials. She was arrested.
o Supreme Court ruling…cannot use illegally seized evidence;
inadmissible in courts
o Exceptions: if evidence could have been obtained legally
anyway and if there was a technically incorrect search
warrant mistake, but the evidence was obtained in “good
faith”.
4
th
and 5
th
Amendments
Rights of Criminal Defendants
xrhombus 6 th Amendment guarantees the right to counsel (attorney) in federal
courts. But most trials happen in state courts and most defendants
cannot afford an attorney.
xrhombus Incorporated in 1932 to include states were required to pay for an
attorney for the indigent (poor), but only for capital crimes.
xrhombus Gideon v. Wainwright (1963) – Gideon was charged in a Florida state
court with a felony for breaking and entering. Had no funds to hire a
lawyer and when requested a court appointed attorney the court denied
and told they were only obligated in capital cases. Gideon defended
himself in the trial and lost and sentenced him to five years.
xrhombus Supreme Court extended this right to anyone accused of a felony, and
subsequent rulings have extended it to crimes in which imprisonment
could be imposed.
xrhombus In 2008, the Supreme Court ruled the right to counsel begins with first
appearance before a judge.
6th Amendment
Rights of Criminal Defendants

10
xrhombus When cases do go to trial, defendants have the right to an
impartial jury that is not racially biased .
xrhombus Right to a speedy and public trial by impartial jury
xrhombus Defendants also have the right to confront witnesses to
prevent false testimony and to be informed of evidence that
may exonerate them.