Fifth Amendment to the United States Constitution

The exclusionary rule is a rule that is available to a defendant in a criminal case that is a remedy for an illegal search that violates their Fourth Amendment rights (nationalparalegal.edu.com. n.d.). Furthermore, one of the most important corollaries to the rule is the “fruit of the poisonous tree” doctrine. Unfortunately, like all rules there are some exceptions to this rule. One of the exceptions is when a police officer has an independent source of knowledge besides that of the fruit of the…

more than basic suspicion has defined probable cause. The detectives had probable cause to suspect Mr. May of the crime since; both the victim and the eyewitness identified him. Probable cause is required in order to protect the suspects Fourth Amendment right to the protection of an unreasonable search and seizure, if a search warrant, arrest and trial at a later date. Cruz and Hamrick request a search warrant for Mr. May’s home. The courts fulfill the four requirements of a valid search…

going free by claiming constitutional rights. This constitutional right is the Fifth Amendment. Part of the Bill of Rights it states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in…

There should be more laws restricting gun control The second amendment to the US constitution specifically says: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” According to “2nd Amendment: Original Meaning and Purpose” article the main reason that led to include this amendment to the bill of rights was that the founding fathers were trying to prevent the country from having a tyrannic government…

response should be a ½ page in length. Discuss at least two (2) steps you could take to protect yourself from giving a false confession to the crime. According to Longley (N.D) to protect yourself from giving a false confession one can plead the Fifth Amendment right. (A) The first step in preventing a false confession after being Mirandized is to tell the authorities that I wish to remain silent until I have an attorney present. (B) the second step would be to inform the authorities that my…

The Fifth Amendment protects against unfair treatment in the legal processes, and from the government abusing their power. The fifth amendment states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life…

The Three-Fifths Compromise-Article 1-Section 2 was reached between delegates from the southern states and the northern states during the 1787 United States Constitutional Convention. The Three-Fifths Compromise was a debate over how slaves would be counted when determining a state’s total population. It was important to know what the total population was for legislative representation and taxing purposes. The population number would determine the number of seats that a state would have in…

Chidinma Nwakanma Oct. 12, 2016 The first ten amendments, also called the bill of rights, are the papers that give all citizens their freedom. Freedom is everyone’s right but comes at a price in all countries. Many people interpret the Bill of Rights in different ways. The Amendment gives the people the right to say what they want, bear arms, vote, the right to a lawyer, to “plead the fifth,” and even not let police into your house. No one can take these right from the people. These laws are…

The Bill of Rights are the first 10 Amendments of the Constitution. It was created to exclude governmental power over citizen’s rights. The Bill of Rights is a protection for an individual’s liberty. For example, the amendment’s guarantee a person’s freedom of speech, religion, and press; arranges rules for due process of law; reserves all power not substituted to the Federal Government, to the people or the states; etc. But imagine the government no longer granted you those rights, stripping…

and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment. Let me begin with what a search warrant consists of. It’s a court order in writing. It’s signed by the appropriate judicial authority and conducted by a law enforcement officer. Telling the officer to search a certain area, vehicle, and/or…