Essential Question
• How does the Constitution protect
the rights of the accused?
Rights of the Accused
Problem of Crime
• Society must
protect itself
against criminals
• Individual rights
must be
preserved
Search and Seizure
• 4th Amendment
• Police must state
under oath they
have probable cause
before securing a
warrant
Payton v. New York (1980)
• Cannot search a
house without a
warrant except in
life-threatening
situations
Whren v. United States (1996)
• Police do not need
a warrant to
search and arrest a
person breaking a
law
• Can seize drugs in
a car when
stopped for a
traffic violation
California v. Greenwood
• Police do not need a
warrant to search
garbage outside a
home
Exclusionary Rule
• Any illegally obtained
evidence cannot be
used in court
Mapp v. Ohio
• Unreasonable
search and
seizures forbidden
for states as well
as the federal
government
• On the basis of the
14th Amendment
New Jersey v. T.L.O.
• School officials do
not need warrants or
probable cause to
search students or
their property
Self-Incrimination
• 5th Amendment
• Government
bears the
burden of proof
and defendants
do not have to
testify against
themselves
Escobedo v. Illinois
• The accused
cannot be denied
access to their
attorney for
questioning
Miranda v. Arizona
• Suspects must be
clearly informed of
their rights before
police question them
Gideon v. Wainwright
• 6th Amendment
• Accused has a right to
an attorney
• Even if a defendant
cannot afford one
• May not be tried
twice for the
same crime
• Can face both
state and federal
prosecution
• A single act may
involve more
than one crime
Double Jeopardy
Cruel and Unusual Punishment
• 8th Amendment
• Death penalty?
Korematsu v. United States
• Supreme Court
upheld the forced
evacuation of the
Japanese into
interment camps
during WWII
• As a wartime
measure