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Friday, November 1, 2019

Fourth, Fifth and Sixth Amendment Rights Essay Example | Topics and Well Written Essays - 2000 words

Fourth, Fifth and Sixth Amendment Rights - Essay Example The issue the case was whether the Fourth Amendment of U.S. constitution grants protection to individuals against unreasonable searches & seizures thus requiring police obtaining a search warrant to allow them to wiretap a public phone booth (Katz v. United States, 1967). The Miranda v Arizona (1966) is a landmark case that represents the aspect of the criminal procedures and the due processes. The defendant in the case, Miranda was arrested by police at his home and taken to a police station where the accuser identified him before later being interrogated by police for a whole two hour period resulting to him signing a written confession. Further, during his trial the written and oral confessions were provided to the jury and as result the court found the defendant guilty of rape and kidnapping hence sentenced him to a 20-30 years period imprisonment on each case account. However, Miranda appealed in the court of supreme of Arizona but the court ruled that the defendant’s constitutional rights were not infringed upon in securing his confessions (Miranda v. Arizona, 1966). The court of supreme of the United States merged four different cases with admissibility issues concerning the evidence obtained during police questionings. In the first, which involved Mr. Miranda, the defendant had been interrogated by police for two hours for charges of kidnapping and rape and although he was a migrant, the police officers failed notifying him of his rights hence resulting to him signing written confession. Moreover, the signed confessions contained a clause that, stated that the accused was aware of his rights during the interrogation as provided in the Fifth Amendment of the U.S. constitution. Therefore, in summary the issue was, whether police officers are mandated notifying the accused person in their custody of his/her rights as provided for by the Fifth Amendment

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