Constitutional Violation in Law Enforcement

Paper Summary:

This paper explains the difference between Constitutional prohibitions and the rights of the citizens. The author points out that all rights belong to the individual, and are delegated to the government by the citizens. The paper relates that the Bill of Rights is not a list of the rights of the citizens but rather prohibitions against the government from taking specific rights away from them. The author states that the 4th Amendment contains restrictions in the use of searches and seizures by law enforcement; the most common violation of this amendment is searching individuals without having a search warrant. The paper tells that a part of the 5th Amendment prohibits self-incrimination as discussed in the case of "Spano v. New York'". The author underscores that the 6th Amendment provides the right to counsel, which is the core argument in the case of "United States v. Wade".

From the Paper:

"The victim left the bar, and suspect walked back to his apartment and got his gun. It was then that the suspect went to a local candy store where the victim was known to frequent, that he shot the victim five times. The only witness was a young boy. A week later a grand jury issued a warrant to arrest Spano for the murder of the victim. Two days later Spano surrender himself to the police, and was accompanied by his attorney. The attorney instructed Spano not to answer any of the questions outside his presence. It is after Spano's attorney left when the case takes on the typical television police drama plot."

Sample of Sources Used:

• The Constitution of the United States. (2004) New York: West Publishing, Inc.
• Gifis, Steven H. (1996) Law Dictionary. New York: Barron's Educational Series, Inc.
• Payton v. New York, 445 U.S. 573, (1980)
• Spano v. New York, 360 U.S. 315, (1959)
• United States v. Wade, 388 U.S. 218, (1967)

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