Heimler's History: Rights of Citizens When Arrested

Objective

Explain how states are limited by the Due Process Clause from infringing upon individual rights.
Focus on the Fourth, Fifth, and Sixth Amendments related to civil liberties during arrest and charges.

Fifth Amendment: No deprivation of life, liberty, or property without due process.
- Important for ensuring the government follows rules.
Selective Incorporation: Process by which the Bill of Rights is applied to states via the Fourteenth Amendment's due process clause.
- Fifth Amendment impacts federal government.
- Fourteenth Amendment impacts state governments.

Protection: Security in persons, houses, papers, and effects against unreasonable searches and seizures.
Exclusionary Rule: Evidence gathered in violation of the Fourth Amendment is excluded from trials.
- Established in Weeks v. United States (non-required case).
- Incorporated to states through Mapp v. Ohio (non-required case).
Modern Applications:
- Digital Privacy: Concerns over digital papers and effects (e.g., cell phones).
- Patriot Act: Government can search metadata post-9/11.
- Riley v. California: Warrant required to search cell phones.

Miranda Rule:
- Established in Miranda v. Arizona (1966, non-required case).
- Rights recited upon detention: right to remain silent, right to an attorney.
- Applies Fifth Amendment's protection against self-incrimination to state custody.
Public Safety Exception:
- Actions in public safety's name may allow evidence before Miranda rights are read.

Right to Counsel:
- In all criminal prosecutions, the accused has the right to a lawyer.
- Originally applied to federal cases.
- Incorporated to states via Gideon v. Wainwright (required case).
- Charles Gideon's case: State did not provide a lawyer; Supreme Court ruled to extend the right to states.