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Fourth, Fifth and Sixth Amendment Rights

Fourth, Fifth and Sixth Amendment Rights

The Fourth Amendment to the U.S. Constitution protects citizens against
>> police officers making unreasonable searches and seizures of personal
>> property. The Fifth and Sixth Amendments guarantee the procedures that
>> the
>> courts and police must use to ensure fair treatment of persons arrested
>> for
>> crimes.
>>
>>
>>
>> Analyze the following cases in preparation for a systematic approach for
>> a
>> synthesis of law and fact.
>>
>>
>>
>> Review each of the follow cases:
>>
>>    – *Katz v. United States*, 389 US 347 (1967) located at
>>
>> http://scholar.google.com/scholar_case?case=9210492700696416594&hl=en&as_sdt=2&as_vis=1&oi=scholarr
>>    – *Miranda v Arizona* (1966) located at
>>
>> http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=384&invol=436
>>
>>
>>
>> Write an six (each 300 words) pages paper in which you:
>>
>>    1. Prepare a two to three (2-3) page briefing from one of the two
>>    (1-2) cases that you reviewed in which you utilized the following areas
>> of
>>    importance: a) issue presented; b) short answer; c) the facts of the
>> case;
>>    d) a summary of the case; and e) a conclusion of the case outcome.
>>    2. Examine the importance of the Fourth, Fifth, and Sixth Amendment of
>>    the U.S. Constitution, and determine which amendment offers the
>> greatest
>>    protection for defendants in a typical U.S. court case. Justify your
>>    position.
>>    3. Explore the overall importance of the Fifth Amendment rights.
>>    Suggest key events from the *Miranda v Arizona* case in which you
>>    believe law enforcement had violated the fundamental nature of one’s
>> Fifth
>>    Amendment right. Justify your response.
>>    4. Examine three (3) instances in which the Fourth Amendment protects
>>    you against unlawful search and seizure. Provide examples of such
>>    occurrences to support your response.
>>    5. Discuss the two prong test articulated by the Court which
>>    determines the actual nature of a reasonable expectation of privacy.
>>    Justify the validity of the test in the courts holding for the Katz v
>>    United States case.
>>    6. Analyze whether or not today’s standards allowing government access
>>    to all electronic technologies through legislation, like the Uniting
>> and
>>    Strengthening America By Providing Appropriate Tools Required To
>> Intercept
>>    and Obstruct Terrorism (U.S.A. P.A.T.R.I.O.T) Act of 2001, have
>> effectively
>>    negated the holding in *Katz v. United States*.
>>    7. Use at least four (4) quality references. *Note:* Wikipedia and
>>    other Websites do not qualify as academic resources.
>>
>>
>>
>> Your assignment must follow these formatting requirements:
>>
>>    – Be typed, double spaced, using Times New Roman font (size 12), with
>>    one-inch margins on all sides; citations and references must follow APA
>> or
>>    school-specific format. Check with your professor for any additional
>>    instructions. use subtitles in your work.
>>    – Include a cover page containing the title of the assignment, the

>>    student’s name, the professor’s name, the course title, and the date.
>> The
>>    cover page and the reference page are not included in the required
>>    assignment page length.
………………..Answer Preview………………

Fourth, Fifth and Sixth Amendment Rights

Miranda v. Arizona case began in the year 1963 when Ernesto Miranda was charged with kidnapping, robbery, and rape. The police who arrested Miranda interrogated him for close to two hours without considering his rights and freedom. After the interrogation process, Miranda agreed to all the accusations made by police. The police presented both the written and oral confessions during trial where Miranda was found guilty of various offences like rape. Miranda tried to make an appeal in the Arizona Supreme Court accusing the police of using unconstitutional methods to extract information from him. However, the Arizona………………

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