Your Legal Bulldog - Your Rights

FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

The fourth amendment is suppose to protect you from the government searching you, or your property without cause. This does not mean that they need a warrant every time, it just means that they either need a warrant or a situation that fits into a warrant exception. There are many exceptions that have been created by the Courts over time.

The key to fourth amendment violations is quick action on the defendant’s part to contact an attorney after the search there may be evidence that supports your position that could be lost if you wait and see if there will be charges. Often times, the Government will search a home, a car, or a person, and then leave them alone for weeks or months. Then that person will be arrested, and part of the evidence for that arrest came from the search. During that time, evidence such a video recordings, audio recordings, phone records, and other tangible items can disappear or be erased due to department policy.

The violation may not be by to the police, it can be school officials, inspectors, customs, or any other government official. If you feel that your rights under the fourth amendment have been violated contact a lawyer immediately to protect your right to challenge that violation later.

Some tips on handling searches and seizures

1.)	Don’t give your consent to search if you don’t want them to search.
2.)	If the police put something in front of you that says “waiver of rights” don’t sign it unless you are willing to waive them.
3.)	Make sure you READ everything a police officer gives you to sign, if it has the words waive and rights next to each other, you are waiving your constitutional rights and you ability to challenge them later.
4.)	Be polite, even if you don’t give your consent, they are most likely going to search anyways.
5.)	Resisting or running will just give the police a reason to arrest you, and then they can search you and the area around you.
6.)	Assert your rights clearly, if you want a lawyer, say “I want a lawyer”.

FIFTH AMENDMENT [U.S. Constitution] - 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.'

The applicable parts of this amendments are the prohibitions against double jeopardy and the compulsion to be a witness against ones self. Both are important, and still viable today. Unlike the fourth amendment, this amendment still has some meat left on it. While the Courts have attempted to water this down, the basic protections still exist. A person need only assert these rights clearly and without waiver. This means, if you are arrested, in custody, or detained in anyway and the police want to ask you question, you just need to say “I want a lawyer Present” that is all, you don’t need to play with that language, you don’t need to turn it into a question, just say you want a lawyer and stick to it. Even if the police say they will not arrest you if you talk.

Don’t try to play lawyer on the side of the road, just assert the right and move on. Most people convicted of a crime aided in their own conviction by talking, not confessing, just talking. The police are trained in techniques to make you talk, and that does not mean the white light and rubber hose, is can be as simple as getting you a coke, and making you feel comfortable, or uncomfortable. Don’t fall for it, just ask for the lawyer and then SHUT UP.

SIXTH AMENDMENT [U.S. Constitution] - "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense." U.S. Const. amend. VI.

This amendment also has remained intact for the most part as the other amendments only requires a clear assertion by the accused. If you want a lawyer, say you want a lawyer. Just remember, you have a right to an attorney but if you ask for an appointed attorney, you do not have the right to choose the attorney.