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Miranda Law & Self-Incrimination
The foundation for Miranda v. Arizona (1966) was laid in Malloy v. Hogan (1964) which applied the privilege against self-incrimination to state criminal proceedings and Escobedo v. Illinois (1964) which allowed consultation with an attorney about the privilege against self-incrimination.
The Fourth Amendment has two clauses. The first states that people have a right to be protected from unreasonable searches and seizures, and the second states that no warrant shall issue except upon probable cause.
Frequently, the police will observe somebody who needs to be checked out. That is the purpose of a stop and frisk, which has many different names: a field interview, a field inquiry, a threshold inquiry, or just routine questioning.
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Criminal Laws and Your Legal Rights
Handling Investigational Drug Products
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A Search is by definition an invasion of privacy. Prior to Katz v. U.S. (1967), privacy was defined in terms of the trespass doctrine, but since then, a "reasonable expectation of privacy" doctrine has prevailed. Only what people themselves deem "private" and what society recognizes as private are protected. The Fourth Amendment does NOT protect against all invasions of privacy; it only forbids unreasonable searches and seizures.
In the criminal justice system, there are three ways to ensure that people tell the truth: by OATH, which is a solemn declaration to God that their statement is true; by AFFIRMATION, which is a solemn declaration without reference to God; and by AFFIDAVIT, which is a signed statement under penalty of perjury that the facts contained in a document are true.
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