Civil RIghts violations

The Fourth Amendment is supposed to limit overaggressive law enforcement and government practices and ensure that there are no unreasonable searches and seizures conducted on citizens. The Fifth Amendment, concerning law enforcement, requires that no person should be forced to incriminate him- or herself. Both of these amendments are a huge part of criminal appellate law. Specifically, many defendants file appeals of their convictions based upon the fact that they believe either their Fourth- or Fifth-Amendment rights were violated by the police.

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  1. Tasking: Conduct research to locate 2 U.S. Supreme Court cases in which the Fourth Amendment and Fifth Amendment were the issue. In other words, you have to find two cases: one case in which a defendant filed an appeal because he or she believed his Fourth-Amendment rights were violated, and another case in which a different defendant believed his or her Fifth-Amendment rights were violated.
  2. Summation of cases: Once you locate your cases, complete the following:
    • Summarize the cases, explain the arguments of the defendant in each case, and interpret the ruling of the Supreme Court.
    • Discuss whether you agree or disagree with these rulings. Explain your opinion in detail, and back up your opinions with cited facts and other researched information.
    • Also include the following information in your document:
    • Briefly discuss the exclusionary rule—what is the exclusionary rule, and where did it come from?
    • Briefly discuss 2 exceptions to the exclusionary rule.
    • Provide a short example of each of these exceptions.