3.8

• 5th Amendment's Due Process Clause


  "No person shall… be deprived of life, liberty, or property, without due process of law."
• 4th Amendment


  "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…"

  Ongoing debate about the 4th Amendment has to do with our digital lives. Such as 9/11, where the Patriot Act provoked the President to tap into technology to mine metadata (how we communicate digitally) as it was necessary to uphold national security.

  Violated the 4th Amendment's individual liberties.
• Exclusionary Rule


  Any evidence that violates the 4th Amendment (without a proper warrant) will be excluded from trial
• 5th Amendment


  Guarantees the right to a grand jury, prohibits double jeopardy (being convicted for the same crime twice) & protection against self-incrimination
• Miranda Rights


  The officer while convicting someone must remind the suspect that they have the right to remain silent & anything they say can be used against them in court & having the right to an attorney
• Public Safety Exception


  If the officer was acting in the name of public safety / order & took action before reading the Miranda rights, this evidence will not be excluded in court
• 6th Amendment


  "In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense."
• Gideon v Wainwright (1963)


  1. Gideon was arrested in a Florida court, he was a poor man so he could not afford a lawyer to defend his case, furthermore, the Court did not provide him a lawyer as lawyers only applied to federal cases

  2. The Courts applied the right to a lawyer to the states

  3. The 14th Amendment's Equal Protection Clause applies the Bill of Rights' liberties to the states, so the 6th Amendment was able to be applied to the states

  4. Allowed lawyers to be provided to those who could not afford one