What are the rules of the Fourth, Fifth, and Sixth Amendments in criminal cases?

The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures. In the context of criminal cases, law enforcement must obtain a warrant from a court before searching a person’s home, car, or other property. The warrant must be based on probable cause and must set forth the scope of the search. Unlawful searches cannot be used as evidence against the defendant. The Fifth Amendment provides that a person cannot be “compelled in any criminal case to be a witness against himself.” This means that a criminal defendant cannot be compelled to testify in his or her own criminal case. The Supreme Court has also held that the Fifth Amendment right against self-incrimination applies to the states through the Fourteenth Amendment. The Sixth Amendment guarantees the right to a speedy trial and the right to a public trial by an impartial jury. In criminal cases, the Sixth Amendment requires the government to provide a defendant with notice of the charges and an opportunity to be heard. Additionally, the Sixth Amendment guarantees the right to an attorney and the right to confront one’s accusers. In California, criminal defendants are generally entitled to these protections as set forth by the United States Constitution and Supreme Court case law. These protections help ensure that criminal defendants are not deprived of their liberty without due process of law.

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What are the rules of the Fourth, Fifth, and Sixth Amendments in criminal cases?

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