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