Policing and the Constitution

The Fourth Amendment of the unite States reputation states Prohibits stupid searches and seizures and sets out requirements for search ensures based on probable crap. This amendment impacts law enforcement be wooing guard need a warrant to make arrests and searches. This is non applicable if the ships officer has first-hand friendship of an event and the secern is likely to be destroyed or the subject exit abscond if time is taken to get a warrant. If a warrantless search is do by the police that should come been made altogether after a warrant was issued, then all knowledge gained by that evidence is not allowed in testimony.The Fifth Amendment of the linked States Constitution states Set out rules for indictment by grand jury and high-pitched domain of a function, protects the righteousness(a) to due process, and prohibits self-incrimination and double jeopardy. This means that the officer does not steady down innocence or guilt. She or he only determines probab le cause of belief of guilt. Also, an officer cannot force a soulfulness to bear project against himself. If a someone is tried and a verdict is given, that person cannot be tried again. Accused persons cannot be forced to say anything.Eminent domain is the power of a government to take private situation for earthly concern use, usually with compensation paid to the owner. The Sixth Amendment of the United States Constitution states Protects the right to a fair and speedy public trial by jury, including the rights to be notified of accusations, to confront the accuser, to obtain witnesses and to retain advise. This means the subject has the right to propose originally, during, and after questioning. Should the subject request the presence of an attorney, questioning should cease until counsel arrives.Probable cause is one of the fundamental protections built into the criminal legal expert system by the founding generation of the United States. Probable cause is the standard by which an officer or agent of the law has the curtilage to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges argon being considered. This term comes from the Fourth Amendment of the United States Constitution.The exclusionary rule is a rule in which any evidence that is obtained in violation of the accuseds rights under the Fourth, Fifth, and Sixth Amendments, as salutary as any evidence derived from illegally obtained evidence, will not be admissible in criminal court. The exclusionary rule has been controversial for decades because many nation believe that it is unconstitutional and not helpful the finding the truth in criminal proceedings. The name payoff of the deleterious tree is thus a metaphor the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement.The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial. The fruit of the poisonous tree doctrine is an offspring of the exclusionary rule. The Miranda rights, also known as Miranda warning, is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to continue the admissibility of their statements against them in criminal proceedings.Your Miranda rights are your rights as per being under arrest. If you are not under arrest they may detain you, but cannot fling you up unless by reasonable evidence they can prove that you are guilty of the crime in which they would more than likely arrest you. question is not a reasonable excuse to lock you up without comminuted evidence. They do not need to notify you unless they search your property, or person in which they would need a warrant and also do not need notification with ac curate evidence against you. Your Miranda warning reads as followed You have the right to remain silent.If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have an attorney present during questioning. If you so hope and cannot afford one, an attorney will be appointed for you without charge before questioning. An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge. Frisking is a search of a persons outer clothing wherein a person runs his or her manpower along the outer garments to detect any concealed weapons or contraband.A stop takes place when a law enforcement officer has reasonable irresolution that a criminal bodily function is about to take place. An interrogation is the drive questioning of a suspect to gather evidence of criminal activity and to try to gain a confession. A custodial interrogation occurs when a suspect is under arrest or is deprived of his or her liberty in a significant manner. A reading of the Miranda warning is only required before a custodial interrogation. An interrogation is when you are not in custody, and a custodial interrogation is when you are in custody.