Mary was suspicious of her neighbor, whom she thought was ...

[daltonest1984]

Mary was suspicious of her neighbor, whom she thought was involved in selling illegal drugs. One day Mary arrived at her apartment and saw a large paper sack tied up with string in front of her neighbor's door. She took the bundle into her apartment, opened it, and discovered it was full of cocaine. She called the police and the neighbor was arrested. The neighbor's lawyer claimed the evidence had been illegally obtained since no probable cause existed to justify opening up the paper bundle. Is the lawyer's argument correct?

Question 2

List and discuss the protections afforded criminal defendants by the Bill of Rights.

[scrocafella]

Answer to Question 1

The evidence was lawfully obtained. The Fourth Amendment's protection against unreasonable searches only applies to government officials.

Answer to Question 2

The first ten amendments to the Constitution, called the Bill of Rights, include numerous provisions directed at governmental conduct in criminal cases. The important provisions include: the Fourth Amendment prohibition against unreasonable searches and seizures which requires a search warrant in most situations before a search may be conducted; the Fifth Amendment protections of due process, double jeopardy, and the prohibition against being forced to testify against yourself; the Sixth Amendment guarantee of legal representation at all important stages of the criminal process; and the Eighth Amendment prohibition against cruel and unusual punishment.

[daltonest1984]

TYSM

[raili21]

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