Supreme Court Cases: The Four Amendments

Great Essays
[In criminal law the most significant body in history is the Supreme Court. It is known as the “highest court in the land”. The landmark cases heard by the court are carefully chosen by the esteemed justices. The choices are usually based on cases where there are violations to an individuals’ Constitutional rights. In this paper, the fourth, fifth, and sixth amendments will be examined, and the safeguards they provide. In addition, how the amendments impact the juvenile and adult court in day to day operations.
[The Fourth Amendment [The fourth amendment protects a citizen from unwarranted search and seizure (Cornell, 2016). The amendment states; “it is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Cornell, 2016).
[A significant case involving the fourth amendment was Weeks v. United States, 1914. In the Weeks case the Kansas City, Missouri police department entered the home of Mr. Weeks by using a hidden key they
…show more content…
Arizona (1966). In the case Ernesto Miranda was arrested in Phoenix, Arizona for kidnapping and rape, after two hours of interrogation by the police the suspect confessed to the crime. During the interrogation Miranda was never informed of his right against self-incrimination, or his right to an attorney. At the trial the confession was used as evidence against him, he was convicted and sentenced to a twenty-thirty years in prison. The case was heard by the Arizona Supreme Court which upheld the conviction, the case then went to the U.S. Supreme Court who overturned the conviction. The Supreme Court decision concluded that Miranda’s rights were violated and hence the term Miranda warning was

Related Documents

  • Decent Essays

    4th Amendment Summary

    • 329 Words
    • 2 Pages

    Cases are the main focus on this website. The website has a section of all the important court cases that are related to search and seizure and the 4th amendment. This section is under the cases and links section. The list had over 200 cases listed. Some of the more notable cases listed would be Terry v Ohio, Weeks v United States, Brown v Texas, and Tennessee v Garner.…

    • 329 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Miranda Vs Arizona Essay

    • 1577 Words
    • 7 Pages

    The United States Supreme Court cases that occurred soon after the Miranda decision served to clarify certain aspects of the decision. However, after 1969,…

    • 1577 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…

    • 832 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Although the Fourth Amendment protects people’s privacy, stops citizens from being ambushed, and keeps them safe from unfair arrests there is still a down side to the Fourth Amendment. For instance it prolongs the gathering of information involving a crime. Sometimes it makes the case go on for years and the felon is never convicted even though they broke the law, but they never had time to get enough evidence to convict them so they get away. Some people might say that they believe all Americans should be considered suspects and that therefore the government has probable cause for surveillance. (Avalon pg.1 pr.16)…

    • 232 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The 4th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure. Law enforcement officers need probable cause and in most case a warrant to search a person or their belongings. Any evidence collected from an illegal search will be excluded from evidence at trial. The purpose of the 4th Amendment is to protect citizens from being abused by the government and its law enforcement agencies. Students at public education institutions are also protected against unreasonable search and seizures of personal property, but students have a reduced expectation of privacy when in school.…

    • 923 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    H.R. 5800/S. 2981- Secure Data Act of 2014 The United States Constitution under the Fourth Amendment ensures our right to be free from unreasonable searches and seizures, and by extension has been interpreted to protect our right of privacy. The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (The Charters of Freedom). There has been much controversy as to what is considered to be protected under constitutional law relating to one’s right of privacy. Although a reasonable right to privacy is not explicitly stated in the Constitution, this particular right has developed into a civil liberty protected by the Fourth, Fifth and Fourteenth amendments.…

    • 1800 Words
    • 8 Pages
    Great Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Is drug testing of students who participate in extracurricular activities permitted under the fourth amendment? fourth amendment states that a person has the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    The fourth amendment is important to all Americans and it is one of the most important amendments. The fourth amendment is important because it protects Americans from unreasonable search and seizure. “To protect Americans from the government invading our privacy and looking through our things, then finding evidence that might be used against us to convict Americans of crimes, the colonials put in the fourth amendment to free Americans from unreasonable searches and seizures.” (“Fourth Amendment with English captions”) The Fourth Amendment is: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The law making body of the United States government has consistently paved the way for odd and near incomprehensible pieces of legislation which in turn could be argued that such laws have strayed far away from what the intentions of the United States Constitution originally were. In addition, and quite greatly in contrast, the evolution of what mankind’s freedom to create has produced some of the best, and worst, of the human race. It becomes rather stressful and harrowing to figure out where to draw the line on what the Constitution is supposed to cover. With the advent of the digital age and the ability to disseminate controversial and dangerous materials, the possibility of a completely unwatched and uncontrolled general society can be…

    • 1507 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The Fifth Amendment

    • 857 Words
    • 4 Pages

    Arizona, which ruled that the inculpatory and exculpatory evidence brought against a defendant at trial is only admissible if the defendant has been informed of his right against self-incrimination as well as his right to consult with an attorney. This Supreme Court decision was brought about by the conviction of Ernesto Miranda, who provided a confession to police without being informed of his right to counsel and his right to remain silent. The Arizona State Supreme Court upheld the conviction, but the Supreme Court of the United States ruled that because he had not been informed of his rights, his rights had not been properly upheld. The key to this decision is the distinction between an informed waiving of those rights, and an uninformed waiving of those rights. If a person is convicted based on self-incrimination, the prosecution must be able to prove that they were explicitly aware of and subsequently waived their rights.…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Arizona can also be put into the frame of judicial activism. The Supreme Court created a new law, bypassing the elected legislative branch of government, in order to protect the rights of the accused. The law that requires police to read the defendant the “Miranda Rights” not only helps to protect the defendant from self-incrimination under duress, but it also reduces police violence and other forms of intimidation that could lead to a false confession. The new law protects the rights of the accused and changes the behavior of the police towards arrests and interrogations, reconciling growing police powers with individual basic…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays