Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI and the Disappearing Right to a Jury Trial »
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- Ok, so it has been said by the cop that I looked bad on the field sobriety tests, but I know myself that I’m not guilty: I only had two drinks and I have got the witnesses. It doesn’t matter what the arresting police officer is saying, I can tell my side of the story to my fellow citizens and then let them decide. Right?
Well that is not necessary. This right to jury trial, had been handed down centuries ago from England’s Magna Carta, it was considered so fundamental to the framers of our Constitution that it had been included by them in the Bill of Rights? This is what we call Sixth Amendment. So it makes no exceptions to this sacred right to trial by a jury of peers.
So why is this happening that some states today are denying jury trial to a person who is accused of drunk driving? Why is that, for instance, an American citizen who has been arrested in New Jersey is forced to accept the decision of a politically-appointed judge? After all, on that subject the Sixth Amendment is pretty clear:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…”
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Understanding Search and Seizure Law: The Fourth Amendment »
You should learn when the government can invade your privacy to hunt for evidence of a crime.
Limitations have been put on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons) by the Fourth Amendment to the US Constitution.
These limits are considered as the bedrock of search and seizure law. In this article I have tried to cover the basic issues that you should know about these limits, it starts with an overview of the Fourth Amendment itself.
The Fourth Amendment: Protecting Your Privacy
The statement of the Fourth Amendment to the US Constitution reads as follows:
“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.”
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