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The and Fifth Amendments as Applied in Criminal Justice

The Fourth Amendment is supposed to limit overaggressive law enforcement and government practices and make sure that there are no unreasonable searches and seizures conducted on citizens. The Fifth Amendment, concerning law enforcement, requires that no person should be forced to incriminate him- or herself. Both of these amendments are a huge part of criminal appellate law. Specifically, many defendants file appeals of their convictions based upon the fact that they believe either their Fourth or Fifth Amendment rights were violated by the police.

You are a private investigator who is an AIU graduate and owns a private investigation firm. The private investigation firm covers all forms of private investigation but specializes in conducting criminal defense investigations that are court-appointed. You like this work because not many people know that for a felony offense, if a defendant gets a court-appointed attorney in the Federal Judicial System and most state judicial systems, then the defendant also gets a court-appointed private investigator to work with the attorney in defense of the charges. You have worked previously with this attorney, and he has faith in your abilities because of your past efforts.

  1. Tasking: Attorney Jack Charleston has asked you to do some external research to locate two U.S. Supreme Court cases where the 4th Amendment and 5th Amendment were issues. Essentially, you have to find two cases: one case where a defendant has filed an appeal because he or she believes his 4th Amendment rights were violated; and another case where a different defendant believes his or her 5th Amendment rights were violated.
  2. Summation of cases: Once you locate your cases, you are to summarize the cases, explain the arguments of the defendant in each case, and interpret the ruling of the Supreme Court. Also discuss if you agree or disagree with these rulings. Explain your opinion in detail, and back up your opinions with cited facts and other researched information. Also include the following information in your document:
    • Briefly discuss 2 exceptions to the exclusionary rule.
    • Provide a short example of each of these exceptions.
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Category: Sample Questions