Rights of the Accused

Several amendments each protect a different stage of someone accused of a crime: the 4th Amendment generally requires police to have a warrant based on probable cause before searching a person's property, though real exceptions exist, like consenting to a search or evidence in plain view; the 5th Amendment protects against self-incrimination, the basis for the Miranda warning requiring police to inform a suspect held in custody of this right before questioning them; and the 6th Amendment guarantees a speedy trial, an impartial jury, and the right to a defense attorney in a serious criminal case, guaranteed even to a defendant who cannot afford one under Gideon v. Wainwright (1963). The 8th Amendment separately protects against excessive bail before trial and cruel and unusual punishment after conviction.

This explanation is AI-generated and can occasionally be wrong. 🚩 Report