1. Essential Question How does the Constitution protect the rights of the accused?

2. Rights of the Accused

3. Problem of Crime Society must protect itself against criminals Individual rights must be preserved

4. Search and Seizure 4 th Amendment Police must state under oath they have probable cause before securing a warrant

5. Payton v. New York (1980) Cannot search a house without a warrant except in life-threatening situations

6. Whren v. United States (1996) Police do not need a warrant to search and arrest a person breaking a law Can seize drugs in a car when stopped for a traffic violation

7. California v. Greenwood Police do not need a warrant to search garbage outside a home

8. Exclusionary Rule Any illegally obtained evidence cannot be used in court

9. Mapp v. Ohio Unreasonable search and seizures forbidden for states as well as the federal government On the basis of the 14 th Amendment

10. New Jersey v. T.L.O. School officials do not need warrants or probable cause to search students or their property

11. Self-Incrimination 5 th Amendment Government bears the burden of proof and defendants do not have to testify against themselves

12. Escobedo v. Illinois The accused cannot be denied access to their attorney for questioning

13. Miranda v. Arizona Suspects must be clearly informed of their rights before police question them

14. Gideon v. Wainwright 6 th Amendment Accused has a right to an attorney Even if a defendant cannot afford one

15. Double Jeopardy May not be tried twice for the same crime Can face both state and federal prosecution A single act may involve more than one crime

16. Cruel and Unusual Punishment 8th Amendment Death penalty?

17. Korematsu v. United States Supreme Court upheld the forced evacuation of the Japanese into interment camps during WWII As a wartime measure