Us/az Government Final Assessment

When I received your phone call I knew instantly that I needed to help you out. At our

meetings, you told me you were accused of shoplifting several items from JCPenney. I also

discovered you hardly knew your rights and you weren't familiar with anything that dealt with

court. There are three main amendments that deal with your rights when you're accused and

what you can expect in court. Amendment 4: No illegal search and seizure, Amendment 5:

Rights of the accused, and Amendment 6: Right to a fair and speedy trial. I'll go more into depth

of what they all mean.

While Amendment 4 does protect against illegal searches and seizures, there's more to

it than just that. The exclusionary rule, which came from the case Mapp V. Ohio - 1961, states

that illegally obtained evidence cannot be used in a trial. For example, if you had marijuana on

your kitchen table and the cops are at your door, unless they can see it from the door, they can't

use that against you. A warrant is required to legally allow the search of private area. If police

come to your house and insist to search your house without a warrant you have the right to not

let them in. For a probable cause, the person accusing you must give out every single detail on

why they have accused you. Under this, reasonable suspicion doesn't require a warrant; they

may briefly detain you if you look suspicious. The one you were accused with was stop and

frisk; it's a lesser search and seizure that is legal without a warrant. Even though you weren't

accused inside a school, you are a young student and it's best if you know that in public schools

searches do not require warrants. New Jersey V. T.L.O. (1985) was the case that determined

this. All that's required is reasonable suspicion.

In Amendment 5 are all the rights of the accused, make sure you examine this

amendment very carefully. In court, you have every right to testify against yourself but aren't

forced to. If the police wants to ask you questions he/she must first read you your Miranda

rights. Miranda VS. Arizona was the case that made the Miranda rule, which states that

suspects must know what they have the right to do. "You have the right to remain