Rights of the Accused Amendments 4, 5, 6, 8.

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Presentation transcript:

Rights of the Accused Amendments 4, 5, 6, 8

Pearson Education, Inc., Longman © 2008 4th Amendment Searches and Seizures Probable Cause Exclusionary Rule Mapp v. Ohio (1961) Is There a Right to Privacy? Griswold v. Connecticut (1965) Pearson Education, Inc., Longman © 2008

4th Amendment Scenarios An officer observes a suspect commit a crime inside his apartment while the officer is conducting a surveillance operation. If the curtains are closed during the observation, but the officer was able to see the act because of special optical aids, would the officer’s observations be admissible in court? The police arrive to search an apartment and find no one at home. They tell the landlord to let them into the apartment. Is this search legal?

4th Amendment Scenarios Officers noticed the odor of freshly cut marijuana coming from the trunk of a vehicle. Can the officers search the trunk without a warrant? A suspect “cops an attitude” with a police officer. The officer places handcuffs on the suspect and conducts a pat-down search. Is this search legal?

Pearson Education, Inc., Longman © 2008 5 Amendment 5 protections in the 5th Amendment you have to be indicted before you stand trial protection from double jeopardy protection from self-incrimination Due Process Eminent Domain Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 6th Amendment 4 protections a “speedy and public” trial by jury informed of the charges against you confront witnesses against you The Right to Counsel Gideon v. Wainwright (1963) Miranda vs. Arizona (1966) Police must inform suspects of their 5th and 6th Amendment protections upon arrest. Protection from coerced confessions Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 8th Amendment Cruel and Unusual Punishment 8th Amendment Gregg v. Georgia (1976) Pearson Education, Inc., Longman © 2008