4th, 5th, 6th, Amendments Safeguarding Research Paper

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' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections.

The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves" (Hobbs).

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The Sixth Amendment right to counsel is separate and distinct from the Fifth Amendment right to counsel created by the Supreme Court in Miranda v. Arizona (Means). A defendant has the Sixth Amendment right to counsel only in those matters in which he has been formally charged. Police need to be concerned with deliberately eliciting incriminating information from a criminal defendant in any matter in which he has been formally charged, unless he has validly waived that right. Otherwise, they are in violation of the Sixth Amendment. The Supreme Court held in Michigan v. Jackson that once the right to counsel is asserted police are prohibited from further attempts to interrogate (Means).

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