Ch 14 Section 3 & 4

The Rights of the Accused

Searches and Seizures

*14th Amendment protected the rights of the accused in the same section in which it
defined national citizenship.

*Police need evidence to accuse people of committing crimes

-4th amendment guarantees “the right of people to be secure in their persons,

houses, papers and effects, against unreasonable searches and seizures”

*Police must obtain warrants to search for stuff, must state under oath that they
have probable cause to suspect someone of committing a crime to justify a search

-Warrant must describe place to be searched and person or things to be

seized

-Police do not need a warrant to search and arrest a person they see
breaking the law, do not need it for garbage outside the home

*Felony – a major crime

*Crime – an act against the law of a state

*Exclusionary Rule – any illegally obtained evidence cannot be used in a federal

court.

*California v. Acevedo – The court established a new precedent to be used in

automobile searches: The police are free to “search an automobile and the
containers within it where they have probably cause to believe contraband or
evidence is contained”

*4th amendment protections may be limited in high schools

-School officials only need reasonable grounds to believe a search will

uncover evidence that a student has broken school rules.

*Wiretapping, eavesdropping, and other means of electronic surveillance to be

search and seizure

Guarantee of Counsel

*6th amendment guarantees a defendant the right to “have the assistance of

counsel for his defense.”
*Gideon v. Wainwright: Gideon was denied an attorney, which the court denied and
Gideon was convicted and sentenced to prison. He appealed his case, the court
released him, he was retried and acquitted

*5th Amendment: Nobody has to testify against him/herself – protects against self-
incrimination

Escobedo v. Illinois: Escobedo denied a meeting with his lawyer, Court ruled his 5th
& 6th amendment rights had been violated – Right to an attorney, no self-
incrimination

Miranda v. Arizona – you must be made aware of your rights – cops must read you
your Miranda Rights

Double Jeopardy – You may not be tried twice for the same crime

Cruel and Unusual Punishment – violates the 8th amendment, death penalty
controversy falls under this topic

Equal Protection of the Law

*14th amendment forbids any state to “deny to any person within its jurisdiction the
equal protection of the law.”

*5th amendment’s due process clause also provides equal protection

*Rational Basis Test – provides that the Court will uphold a state law when the state
can show a good reason to justify the classification – is the classification
“reasonably related”

*Fundamental Rights – rights that go to the heart of the American system

*Discrimination – when individuals are treated unfairly solely because of their race,
gender, ethnic group, age, physical disability, religion, or sexual orientation

Struggle for Equal Rights

*14th amendment guarantees equal protection (ratified after Civil War)

-Racial discrimination: Treating members of a race differently because of

race

-Segregation: Separation of people from larger social groups

-Jim Crow Laws: Most often in southern states, required racial segregation
in public places
*Separate but equal – Used to justify segregation in the United States, came out of
Plessy v. Ferguson

*Brown v. Board of Education – Overruled P v. F

*Civil Rights Movement – Effort to end segregation following the Brown decision