Monday, October 3, 2011

Amendment Five

"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 offense 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."

When I watch movies about a case I always here the saying..."I plead the fifth." When you plead the fifth, you are exercising your fifth amendment right to not incriminate yourself with testimony. The fifth amendment says you have the right to not testify and incriminate yourself. But if you decide to plead the fifth, you probably have to plead everytime and if you do answer the question then you lost your right. By saying you plead the fifth doesn't mean that you still can't be found guilty.

This video demonstates the fifth amendment and he explains how he approaches an individual that is involved with something.  He goes through the rights with them and lets the individual know that they do have the right to remain silent. If you lie and the police go to the judge, then that can hurt them more than if the individual would have just talked to the police and be honest. If you talk to the police everything will be written down, and if you get pulled over the cop writes everything that is said.


This picture is demonstrating the Fifth Amendment, by showing that an individual does have the right to remain silent. "You have the right to remain silent, anything you say maybe be used against you in the court. You have a right to an attorney, and you can decide not to talk to me at anytime and exercise these rights." That is a basic way to say a warrant to an individual.

Amendment Four

"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 Warrents 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."

The Amendment four guarntee's the security of persons, houses, papers, and effects. It also protects from unreasonable searches, and police do not have the power to search for evidence. In order for a police officer to search your home, they have to have a warrant issued.
In order for a warrant to be issued, someone must affirm to the judge that believes that a crime has been committed and that by searching the premises of any location, he believes he will find evidence of a crime.




This picture relates to the fourth amendment because its showing police going to someone's door and they obviously think that there has been a crime of some sort.  In order for the cops to be at this home and to search the home, then they have to get a warrant and affirm it with the judge that there might be a crime. I read in a article, "the police officer does not have to be correct in his assumption, he just has to have a reasonable belief that searching someone's private property will show evidence of the crime."


Amendment Four is a big deal in the bay of Florida. This video talks about the state of Florida and that 48.8% support the amendment and 27.8% oppose the amendment. Jim Davis opposes the amendment four but he did talk about how he wants to see change in Florida. The video was talking about how the amendment could be a jobs killer, but according to some people they think that it wouldn't. Millions of dollars have been spent to defeat Amendment four in Florida.


Amendment Three

"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

The Fourth Amendment to my understanding when we talked about it in class is, during the Colonial Period, colonists were forced to let British soldiers sleep in their homes and eat their meals. Colonists were outraged, and the more they upset the British government, the more they were punished by having soldiers forced into their homes. The amendment offers the property rights and the privacy rights. The Bill of Rights writers didn't want this to happen again, so they added Amendment Three.

This picture relates to Amendment Three because it's showing that the Constitution is protecting American's from house soldiers. Now the law also protects the Americans' rights to privacy.

The Third Amendment says, "that troops cannot be quartered in homes at all during peacetime, and only as prescribed by law during wartime" Quartering means that the government cannot "quarter" troops in your home. By having their private property used by the government without their permission, early Americans wanted a guarantee that they would be protected from this abuse in the future.