THE FOURTH AND FIFTH AMENDMENT RIGHTS OF AMERICAN CONSTITUTION EMPHASIS ON SEARCH, SEIZURE, AND INTERROGATION

Abstract

The prosecution and structure of courts in the United States is so much complicated. Side by side, the separate court systems are available, one is federal and another is state. In criminal proceedings, many courtrooms do not principally convict either by trial or by guilty plea and many concentrate in dismissing cases. It is necessary to examine the scope of the crime problem that the criminal courts face and the organizational context as well as policies in which they work. The Fourth Amendment rights – search and seizure are important procedure in the ongoing pursuit of crimes in America. The right of the people to remain secured in persons and properties against unreasonable searches and seizures shall not be violated. The police have the power to search and seize, but it need to analysis individuals are protected against unreasonable police intrusion. The Fifth Amendment Miranda rights protect any person from custodial interrogation by the police. It is required to scrutinize whether all arrestees be given their Miranda warnings and if they are invoked whether they be required to scrupulously honoured.

Keywords: Criminal Prosecution, Exigent Circumstances, Interrogation, Mirinda Rights, Plain View Doctrine, Probable Cause, Reasonable Suspicion, Search, Seizure

Unique Article ID: GJPLR-124

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