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RIGHTS OF THE ACCUSED
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1. Freedom from unreasonable searches and seizures |
4th Amendment
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2. Grand jury indictment in felony cases*
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5th Amendment
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3. No double jeopardy
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5th Amendment
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4. No compelled self-incrimination
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5th Amendment
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5. Speedy and public trial
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6th Amendment
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6. Impartial jury of the state and district where crime occurred
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6th Amendment
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7. Notice of nature and cause of accusation
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6th Amendment
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8. Confront opposing witnesses
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6th Amendment
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9. Compulsory process for obtaining favorable witnesses
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6th Amendment
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10. Counsel
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6th Amendment
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11. No excessive bail and fines*
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8th Amendment
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12. No cruel and unusual punishment
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8th Amendment
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*This right has not been incorporated by and made applicable to the states.
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Police do not have
the right to enter your home or apartment with out your consent unless:
- they see something illegal in plain view
- have a search warrant
- are in "hot pursuit" of a suspect
If You Speak To A Police Officer:
You should exit your home/apartment and close the door behind you.
After this, speak politely to the officer
and stay calm.
Wait until he/she has left the area before going back inside.
If You Do Not Consent
To A Search, you should say politely:
"I do not consent to a search of my person, belongings, home, or
vehicle. I retain my 4th Amendment rights and all other rights under the U.S. Constitution. I will say nothing until I can
consult with an attorney."
If you do not consent to a search, the officer must release you, detain you,
or attempt to obtain a search warrant in order to perform a search. The mere fact that you do not consent to a search does
not give the officer grounds to detain you or obtain a warrant.
If you do consent, the officer can and
will conduct the search without a warrant. The officer has the right to seize anything in plain view. Otherwise,
the officer must have a warrant to seize any potential contraband or other evidence.
A search must be limited to
areas that could possibly contain the evidence or contraband that the warrant specifies. If contraband is found, you and perhaps
others will probably be arrested.
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