Criminal Law Foundations

Criminal Law Foundations Evaluation

The United States Constitution is an important piece of legislation dictating citizens’ rights. The Fourth, Fifth, and Sixth Amendments specify the rights of the accused have during criminal proceedings, including the issuance of warrants, searching and seizing evidence, the right to a speedy trial. The purpose behind the safeguards is to ensure the defendant receives due process and a fair opportunity to present his or herself before the court and receive a fair and unbiased judgment based on legally obtained evidence.

The Fourth Amendment

The Fourth Amendment protects the right of citizens to be “secure in their person, houses, papers, and effects, against unreasonable search and seizure” (U.S. amend. IV) The Fourth Amendment also requires probable cause supports warrants issued by a judge (Maria, 1998). “An unlawful search or seizure neither precludes prosecution nor invalidates a subsequent conviction; however, a Fourth Amendment violation usually results in the suppression of illegally seized evidence” (Maria, 1998, p. 1187). Search and seizure protection under the Fourth Amendment only applies to government officials and not private individuals.

Protection from illegal search and seizures are important rights for citizens. Without the Fourth Amendment protections, law enforcement may result in a Gestapo-type of policing, with little to no restrictions on searching a person’s home, possessions, or person. Reasonable searches are a way of looking for, and obtaining incriminating evidence against an offender. The reasonableness of a search is a topic defense attorneys may argue during the pre-trial or trial portion of the criminal justice process. It is important investigators include use probable cause and evidence to support the legal infringement on the defendant’s privacy. An improper or illegal search will result in the suppression of evidence and possible testimony resulting from the seizure of evidence.

Adults...