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United States Constitutional Protections in Court

By BJC, published Mar 08, 2008
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All too often when a person is arrested of a crime, they do not know what their rights are. What they do know is the ever familiar Miranda rights given to them by the arresting law enforcement officer. "You have the right to remain silent..." However, the Miranda rights that are given does not completely follow through the whole criminal prosecution process.
The process: arrest, initial appearance, bail, preliminary hearing, charging, grand jury, arraignment, evidence, plea bargaining, trial, sentencing, and appeals.
Knowing which amendments apply during the criminal justice process is very important to a person who goes on trial. But, how are they applied?

The Bill of Rights affords individuals with certain protections that are applicable during a criminal trial. Amendment IV of the Bill of Rights gives citizens of the United States the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". This amendment applies to the evidence that is presented at trial. The evidence that is presented in court must be obtained legally. An officer should have a warrant that is based on probable cause, through a warrant issued by the court that describes the exact location that is to be searched and taken. If evidence is taken illegally this could cause the case to be dismissed.

Takeaways
  • Bill of Rights
  • United States Constitution
Did You Know?
5 Individual Rights via the Bill of Rights apply to criminal court cases in the US
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