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This essay provides an analysis of constitutional protections under the 4th, 5th, and 6th amendments, focusing on search and seizure rights, self-incrimination, due process, double jeopardy, right to counsel, speedy trial, and jury trial. It connects these protections to relevant case law, such as byrd v. Us, and includes references to constitutional amendments and court cases. Useful for students studying constitutional law and criminal procedure, offering a concise overview of key rights and legal precedents. It also includes a list of sources for further research.
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Week 4 Assignment – Constitutional Protections LEG 420 Scenario: Analyze constitutional protections under the 4th, 5th, and 6th Amendments. Assignment Instructions / Questions:
Fourth, Fifth, and Sixth Amendment Rights Leg 420
defendant against multiple things such as self-incrimination, the right to a grand jury, and double jeopardy. When it comes to self-incrimination the amendment protects a individual from being a witness against themselves. For double jeopardy, they cannot be charged with the same crime twice for the same offense. Every individual has a right to a jury trial. The sixth amendment gives a defendant in a criminal case the right to a speedy trial and public trial. It protects them by allowing the opportunity to know everything that is going on within the case and can gather witness and evidence to ensure that they have a fair trial/ Due process is a clause that ensures government officials take all the necessary steps before they are allowed to deprive a person of a protected liberty or property. Within the 4 th amendment due process allows people to secure themselves, property, papers. The 5 th amendment protects from being disciplined without fair procedures put in place. The 6 th amendment due process allows the accused to counsel and to be able to protect themselves during trial. 2 06:19:29 GMT -06:
Bryd v. United States is a court case that happened in 2018 that was caused by Terrence Bryd driving a rental car that was illegally searched by an officer causing Bryd to be charged with felony crimes. The officer informed Bryd that because his name was not listed on the rental agreement he did not have rights to say if they could search the vehicle. The issues in this case is about the evidence that was obtained during the search, the stop itself and the search. During the trial the court agreed that the search was a violation of Bryds 4 th amendment. Due to him having permission to drive the rental car from the listed renter of the vehicle, Byrd had rights to say if the officer could or couldn’t search the vehicle. The evidence that was obtained during the search now has grounds to be suppressed due to the illegal search. When it comes to the initial stop, the officer had reasonable suspension for the traffic violation. To determine if Bryd had rights to agree to the search the courts used the example from Jones v. United States. During that case the courts determined that even without ownership of property or a residence if an individual have permission to reside or posses’ property they have right to expectation of privacy.
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