In a criminal proceeding, you have certain guaranteed rights—protected by both the Federal Constitution and the Idaho State Constitution. Know your rights and how to protect them. Because in order to keep your rights, you must first know what they are. 

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• 4th Amendment: 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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Protecting your 4th amendment right: NEVER  consent to a voluntary search of your person, vehicle, or home. If the police ask you for consent, more likely than not, they do not have the requisite probable cause to seek a warrant. More likely than not, the police are only operating on a hunch and are hoping that you will make their job easier.  

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• 5th Amendment: 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 offence 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.

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Protecting your 5th amendment right: while there are actually quite a few rights in which the 5th amendment protects, probably the two most familar are the right to a jury trial and the right against self incrimination (this is where the famous Miranda Warning comes from). Talking to the police is, at best, a "no-win" situation for someone suspected of committing a crime. 

 

All too often criminal defendants fail to recognize that literally anything and everything they say to police officers during their investigation can and WILL be used against them. You are under no obligation to talk to the police officers investigating you, so invoke your 5th amendment right to remain silent! The cops are not your friend, in fact, it is their job to get you to admit to a crime so that they can then use that confession against you. 

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• 6th Amendment: 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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Protecting your 6th amendment right: again, the 6th amendment, like the 5th amendment, actually has numerous protections, many of which are related to a jury trial proceeding. But for all intents and purposes, the right to counsel is what we are going to address here. 

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Unfortunately, most people think that their 5th amendment right is absolute, however, one's silence, in certain situations, may be used against them. Instead, during any sort of criminal investigation, one should ask for an attorney and just stop talking. The police may not continue to ask you questions after you have unequivocally invoked your right to counsel, nor can invoking this right be used against you. 

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***Nothing on this page shall constitute as legal advice for the basis of establishing an attorney-client relationship. Such information is provided strictly for educational purposes.

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