Bill of Rights Amendments 4-6

Amendment 4 “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Comes from English law & Sir Edward Coke (1604), in which he famously stated that: "The house of every one is to him as his castle and fortress..." The Fourth Amendment only applies to governmental agencies/groups. It does not guarantee a right to be free from unreasonable searches and seizures conducted by private citizens or organizations Examples of places where a person has a reasonable expectation of privacy are: Private Residence Private offices within a business public restrooms private portions of jailhouses phone booth

Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Grand juries - which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings The fifth amendment refers to being put in "jeopardy of life or limb." The defendant may not be punished twice for the same offense. To "plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture The Supreme Court has held that the federal government and each state has the power of eminent domain — the power to take private property for "public use".

Amendment 6 “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” The U.S. Supreme Court laid down a four-part ad hoc (for this purpose) balancing test: Length of Delay: A delay of a year or more from the date on which the arrest was made. Reason for the Delay: The prosecution may not excessively delay the trial for its own advantage, but may be delayed to secure an absent witness. Time and manner in which the defendant has asserted his right: If a defendant agrees to the delay when it works to his own benefit, he cannot later claim that he has been unduly delayed. Degree of prejudice to the defendant which the delay has caused. Petty offenses—those punishable by imprisonment for not more than six months—are not covered by the jury requirement It was held that juries had to be composed of twelve persons and that verdicts had to be unanimous (today:6-12 jurist) A defendant has the right to be informed of the nature and cause of the accusation against him defense must have an opportunity to "confront" and cross-examine witnesses