The Police Coerced A Statement From Me; Can It Be Used In Court? The Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” This phrasal component of the Fifth Amendment gives rise to the “right to remain silent,” which has become an integral part of Miranda warnings given to arrestees. Miranda warnings… Read More
Where Am I Entitled To A Reasonable Expectation Of Privacy? A person is entitled to a reasonable expectation of privacy within his own place of residence, among other places. Courts are extremely protective of the home along with the privacy citizens are entitled to therein. For the government to intrude into the inner sanctum of the domicile, one of three things is required: a warrant… Read More
A Defendant’s Right to Counsel Each of the 50 states is empowered to create rights in excess of those already in place and guaranteed by the constitution, and which the United States Supreme Court does not recognize. Where to these rights come from, anyway? As the name implies, constitutional rights are derived from the United States Constitution and all of… Read More
Is Protesting Really Legal? The First Amendment to the Constitution guarantees the freedom of speech. In other words, the government cannot censor the expression of citizens. “Speech” goes beyond verbal language and includes print and other media as well. The right to peacefully assemble also arises out of the First Amendment. However, these rights are not absolute. A permit… Read More
The Police Questioned Me Without Cause, Then Arrested Me Police are not allowed to detain people on mere hunches or tenuous veins of suspicion. This is because the Fourth Amendment protects the rights of citizens to be secure in their persons and homes, and not be subject to arbitrary search or seizure. It is important to understand that the Fourth Amendment does not provide absolute… Read More
What happens if a police officer doesn’t fully read the Miranda rights to me when they arrest me? Miranda rights are a reciting of your rights under the law when you are engaged with law enforcement during an arrest. These rights stem from a 1966 U.S. Supreme Court case that delineated these rights under the Fifth Amendment of the Constitution. The Court determined that these rights must be expressed to any individual taken… Read More
Can Anything I Say Before Being Read My Miranda Rights Be Used Against Me in Court? If you have been taken into custody on any type of charge, you do have the right to remain silent. However, you may also feel as if cooperating with authorities may help you get a favorable outcome in your case. In the event that you do decide to talk before being read your Miranda rights,… Read More