Midterm Hypothetical: The 4th Amendment And 6th Amendment
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The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.
The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment, and evidence obtained from the unlawful search may not be introduced in court.
Detention is a term used by certain governments and their military to refer to individuals held in custody. Most of the time rights are taken away from the person in detention.
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
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...you think I need an attorney?” He also asked this question several times thorough the interrogation. In this situation the police officer should have allowed Mr. Wilson to get a attorney after saying “I think I need an attorney?” because this is going against his basic rights and violates the 6th Amendment.
In this court case I do believe that most of the evidence found in this case should be thrown out because it was found out illegally. The officers stop was over after he found out about the computer. Also the officer did not have the right to move around the things in his trunk to find out about the computer. Mr. Wilson also should not have been convicted since he was asking for an attorney and that told you have the access to in your Miranda Rights. In my opinion Mr. Wilson's 4th and 6th Amendments were violated in the search for the car and the confession.