The “bill of rights” spell out the immunities of individual citizens.On September 25, 1789, the First Congress of the United States proposed to the state legislatures 12 amendments to the Constitution. The cornerstone of personal rights for an individual charged with a criminal offense or drunk driving can be found in the 4th, 5th and 6th Amendments to the United States Constitution.
4th Amendment: Right to Be Free From Unreasonable Search and Seizure
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.
5th Amendment: Right to Remain Silent, Due Process of Law
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.
6th Amendment: Right to Counsel in All Criminal Prosecutions
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.
Our firm is always on high alert to areas where the government (police) may stray and violate a client’s rights by making an unreasonable intrusions, seizures or attempt to use a statement that was procured in violation of a person’s 5th Amendment right to remain silent! When law enforcement doesn’t do it right, you may have grounds for suppression of illegally obtained evidence or dismissal of charges!