Use Quimbee’s Criminal Procedure Outline to ace your final exam in criminal procedure or supplement your preparation for the Multistate Bar Examination (MBE). Professionally written and fully accessible 24/7 on desktop, tablet, and mobile devices, Quimbee’s Criminal Procedure Outline covers the constitutional and statutory elements of criminal procedure in the United States, focusing particularly on the constitutional requirements for a valid search or seizure, due process rights of the accused, the right to counsel and other rights associated with a fair trial, and the rights of a convicted offender during the sentencing phase.
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Overview of the Constitution’s Protections for Those Suspected or Accused of a Crime
The Constitution lays down many broad protections for anyone who is suspected or accused of a crime. We will briefly survey these principles now and cover them more thoroughly in later portions of the outline.
Fourth Amendment Overview
The Fourth Amendment reads:
“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.” [U.S. Const. Amend. IV (emphasis added)]
The Fourth Amendment lays down two important general principles: the prohibition against unreasonable searches or seizures and the basic requirements for a valid warrant.
Threshold for Fourth Amendment to Apply: Government Action Must Constitute a Search or a Seizure