Constitutional Rights of the United States Citizens

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Table of Contents

Introduction
The Four Elements of Arrest
The Four Elements of Search and Seizure with a Warrant
The Plain View Doctrine
Means of Identifying Suspects
Basic Constitutional Rights of the Accused during Trial
Conclusion
References

Introduction

The Constitution of the United States protects the rights of all citizens. The Fourth Amendment, the Fifth Amendment, the Sixth Amendment, and the Fourteenth Amendment protect the basic rights of any citizen who is subject to the criminal justice system. The rights are applicable from the time a person is suspected of committing a crime to the time their case is heard and determined.

The Four Elements of Arrest

The four elements of arrest include intent, authority, subjection, and understanding. The officer making an arrest must inform the person being arrested for his intention to arrest him and the reasons for the arrest (Bergman, 2015). The intent of a law enforcement officer to arrest an individual can be communicated in two main ways, namely verbally or with actions. The authority of police officers to arrest citizens is conferred on them by the state laws that vary from state to state (Bergman & Berman, 2018). For example, in some states, an officer can only arrest if they are on duty. Subjection refers to the actual act of arresting or detaining an individual. Finally, understanding refers to an individual’s comprehension of the reason for their arrest or detention. The arrestee must be aware that an arrest has happened.

The Four Elements of Search and Seizure with a Warrant

The Fourth Amendment of the United States constitution bars law enforcement officers from conducting illegal searches and seizures. However, a search and seizure are constitutional if a valid search warrant is issued by a judge. The four elements of search and seizure with a warrant include application in good faith, a probable cause, a magistrate’s neutrality, and the clarity of the search warrant (Bergman, 2015). An officer must provide sufficient proof to a magistrate or judge that identifies a probable cause for a search and seizure warrant (Harr, Hess, Orthmann, & Kingsbury, 2016). This proof must be based on reliable information and the request for a warrant must be in good faith (Bergman & Berman, 2018). The warrant must also be issued by a neutral magistrate who is not involved or attached to the case in any way. If the warrant is issued by a judge who has vested interests in the case, the warrant becomes invalid and an officer would be violating the rights of a citizen if they enforce it. A warrant should also specify the areas to be searched and the items to be seized (Bergman, 2015). In that regard, police officers can only search the areas specified in the warrant and seize the items specified in the search warrant (Kanovitz, 2015). Police officers are not allowed to search outside the scope of the search warrant unless if it is necessary for their safety or the safety of other people.

The Plain View Doctrine

As mentioned earlier, it is unconstitutional for police officers to conduct a search and seizure without a valid search warrant. However, there are exceptions to the law. The plain view doctrine is one of the exceptions and it allows police officers to seize items that they see during their search that they consider as evidence that can be used in their investigations (Bergman & Berman, 2018). The doctrine is an exemption to the protection offered to citizens by the Fourth Amendment. The doctrine applies if an officer is lawfully present at a location where a certain item is in plain view, the officer is legally allowed to access the object, and the item can be used as evidence (Bergman & Berman, 2018). The item cannot be moved and the officer must have a reason to believe that the item can be used as evidence.

Means of Identifying Suspects

The three major methods of identifying suspects include police lineups, showups, and photo identification. In a police lineup, an eyewitness identified the suspect from a group that comprises the suspect and other individuals who were not involved in the crime. Similarly, a show up involves the identification of a suspect by an eye witness. However, only the suspect is present. The process is different from a police lineup because the eyewitness tells the officer whether the person presented is the suspect or not, and does not choose from a group. (Bergman & Berman, 2018) Unlike police lineups and showups, the eyewitness identifies the suspect from photographs presented by a police officer. The three methods of suspect identification might be inaccurate due to the influence of a witnesses’ relative or subjective judgment.

Basic Constitutional Rights of the Accused during Trial

The US Constitution protects the basic rights of all citizens during a trial. The Fourteenth Amendment, the Fourth Amendment, and the Fifth Amendment protect the rights of the accused during trial. An accused has a right to a fair hearing, equal treatment under the law, a pretrial hearing, protection from unreasonable searches and seizures, and receive a sentence that fits the crime (Kanovitz, 2015). Also, the accused has a right to a speedy and public trial that includes a lawyer and witnesses.

Conclusion

The US Constitution protects the basic rights of citizens who have been accused of committing a crime. The Bill of Rights protects the integrity of suspects by protecting their right to a speedy and public trial, safety during the trial process, and fairness. Police officers fulfill their duties (search and seizure and suspect identification) guided by the law.

References

Bergman, P. (2015). Criminal law: A desk reference. Berkeley, CA: Nolo.

Bergman, P., & Berman, S. J. (2018). The criminal law handbook: Know your rights, survive the system. Berkeley, CA: Nolo.

Harr, S. J., Hess, K. M., Orthmann, C. H. & Kingsbury, J. (2016). Constitutional law and the criminal justice system. New York, NY: Cengage Learning.

Kanovitz, J. R. (2015). Constitutional law for criminal justice, 14th ed. New York, NY: Routledge.

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