Embarking on a journey through the labyrinth of constitutional rights in the realm of criminal law, this series aims to demystify the often murky waters of police conduct during investigations. Many, from my clients to friends and family, have sought clarity on the legality of actions taken (or not taken) by law enforcement. Drawing from the rich tapestry of criminal procedure, a field deeply rooted in the Bill of Rights, this series will navigate the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution, unraveling their implications in distinct chapters.
Foundation – The Exclusionary Rule
Before delving into the chapters that lie ahead, let’s lay the groundwork. Criminal procedure’s fundamental premise is crystal clear: evidence obtained in violation of constitutional rights finds no haven in court (Weeks v. United States, 232 U.S. 383 (1914); Mapp v. Ohio, 367 U.S. 643 (1961)). In essence, evidence secured by the police in breach of these Amendments cannot be presented in court proceedings. A coerced confession or an illegally found weapon, regardless of the alleged crime, becomes inadmissible. The exclusionary rule stands as a deterrent against police overstepping constitutional boundaries.
Navigating the Exceptions
Yet, the exclusionary rule is not without its exceptions, a topic we’ll explore in depth later in this series. Courts may permit the use of evidence despite constitutional violations, arguing minimal deterrence value. In practice, this can be a contentious arena, with judges sometimes leaning towards admissibility, particularly in cases involving alleged serious offenses.
Understanding State Action
Crucially, the Constitution binds government actors, meaning evidence procured solely by private entities doesn’t implicate the Bill of Rights. Burdeau v. McDowell, 256 U.S. 465 (1921), a pivotal decision in criminal procedure, clarified this aspect. If a private party, unconnected to the government, obtains evidence, the Fourth Amendment’s privacy protections remain dormant.
With this foundation laid, let the series commence, unraveling the intricacies of your constitutional rights in the context of criminal law.