BA260 Module 3 Assignment 3 - 2225

Solution Detail
Price: $6.00
  • From: Law, Business
  • Posted on: Sun 18 Mar, 2012
  • Request id: None
  • Purchased: 0 time(s)
  • Average Rating: No rating
Request Description

What constitutional protections are afforded a defendant under the Fourth, Fifth, Sixth, and Eighth Amendments?

Solution Description

What constitutional protections are afforded a defendant under the Fourth, Fifth, Sixth, and Eighth Amendments?

 

The Fourth Amendment to the Constitution is what protects citizens against unreasonable and unwarranted searches and / or seizures of person, property, or possessions.  A warrant is required, must be signed off by a judge, and the warrant must have probable cause behind it- meaning a warrant can’t just be executed because an officer or judge doesn’t take too kindly to whomever is in jeopardy.  An arrest warrant can also be categorized under the Fourth Amendment. 

When a person is arrested (arrested is defined as apprehension or restraint of a person) they’re taken into custody- prior to the arrest, there will either be an arrest warrant or the patron will be informally arrested for a crime and placed into police custody.  When a search warrant is executed, there are a few steps that must be taken prior to the warrant being a legitimate one:

·