4 th, 5 th,6 th, 8 th, and 14 th Amendments (Due Process) Due Process of Law – This clause in the Fifth and Fourteenth Amendments is there to prevent the government from unfairly depriving persons of their rights to life, liberty, and property. 1. Procedural Due Process – This requires that the procedures used by government in making, applying, interpreting, and enforcing laws be fair and reasonable. > It limits the powers of government in order to protect individual rights. - Government officials must obey the law. (For example, police cannot search people or property without a very good reason.)

The individual’s right to procedural due process has been called the greatest protection in the Constitution from the abuse of power by government!

2. Substantive Due Process – This requires that the substance, or purpose, of laws be constitutional. > In other words, the government cannot make laws that apply to situations in which the government has no business interfering. - It is called the “right to be left alone.” (For example, what you believe, people with whom you are friends, what work you want to do, whom you want to marry, etc.) There is no definition of due process in the Constitution. > As a result, it has been continually redefined by the Judicial and Legislative branches of government. (The current hot topics are birth control and abortion.)

Fourth Amendment This has been interpreted to protect the “right to privacy.” > Probable Cause: The Fourth Amendment prohibits law enforcement officers from searching or seizing people or their property unless there is a good reason for suspecting a person of breaking the law. - An officer must have reliable knowledge (difficult to define) gained from direct contact with the suspect or from a trustworthy source that the suspect either has committed a crime already or was doing so at the time of the arrest.

> Warrant: Police officers must present their reasons for search or seizure to a judge. - If the judge agrees that there is probable cause to suspect a violation of the law, then the police are given a warrant (a written document giving permission for a search or seizure.) A warrant must specifically state the place to be searched and the persons or things to be seized.

History “Why were Americans concerned about their right to privacy?” > Under the Navigation Acts, England issued General Warrants and Writs of Assistance, which gave British troops the power to search and to seize without restrictions.

“When is a warrant not required?” > If police come upon a violent crime of a robbery in progress, then they can arrest people and search property. However, they must later convince a judge that they had probable cause to do so and no time to obtain a warrant. “How can the Fourth Amendment be enforced?” 1. Departmental Discipline (Internal Affairs) 2. Civilian Review Boards 3. Civil Suits 4. Exclusionary Rule (excludes evidence obtained by police while violating rights protected by the Constitution)

Fifth Amendment known as the “self incrimination” amendment > Its primary purpose is to protect individuals from being forced by the government to give evidence against themselves. (threatening, torturing, etc.) > Soviet Show Trials (1930s): Critics and political opponents of Joseph Stalin and the communists were forced to confess in court to crimes that they did not commit. - The accused were later executed in secret.

History In England, the Star Chamber Court had people brought before them and asked these individuals to take an oath to answer truthfully all questions asked. > People were not told of what they were accused or what evidence there was against them. > If political or religious dissenters answered truthfully, they, their family, and friends would be punished. > To take an oath and then lie would be to sin against their beliefs.

Limitations Miranda v. Arizona (1966): Officers must tell suspects that they may remain silent and may have an attorney with them while they are being questioned. Limitations – It is an individual right. Businesses and Trade Unions cannot use it. You cannot refuse to testify to avoid incriminating a friend or family member. Sometimes individuals can be compelled to testify if the government gives them immunity from prosecution.