The Fourth Amendment

• Before the 18th century, in English and therefore Colonial law, the use of "warrants" --- documents authorizing a search for information --- were exceptionally broad. The state could effectively seize whatever it wanted in the name of prosecuting you. The Fourth Amendment, in declaring that you, your house and your belongings shall be protected from "unreasonable searches and seizures," strongly limits the power of the state to gather such information without restraint. Under the Fourth Amendment, a warrant must be extremely narrow in specifying what the police are allowed to look for and take. To obtain a warrant, law enforcement agencies must demonstrate "probable cause." In other words, they must show that it is reasonable to expect that the search the warrant authorizes will turn up evidence of wrongdoing.
  
  

The Fifth Amendment

• The Fifth Amendment includes the "due process" clause, which guarantees that individuals may not be punished without being subject to a trial, many of the rights of which are enumerated in the Sixth Amendment. This amendment also includes what is known as the "double jeopardy" clause. If you are tried for a crime, regardless of whether you are convicted or acquitted, you cannot be tried again for the same crime. Limited exceptions exist for this; for example, a case that falls simultaneously under state and federal jurisdiction can be tried twice, once in each court, because this actually represents two separate trials.
  
  

Pleading the Fifth

• If you've seen a courtroom drama, you've probably watched a scene in which the defendant, faced with a particularly incisive question, chooses to "plead the fifth." The Fifth Amendment holds that a defendant cannot be "compelled in any case to be a witness against himself." A confession obtained under duress, such as by torture, can't be used as evidence against you, and you don't have to answer questions that are asked in the courtroom. Furthermore, in criminal cases, refusing to answer a question cannot be taken as evidence of guilt, and you cannot be subjected to punishment for refusing to testify.
  
  

The Sixth Amendment

• The Sixth Amendment is intended to ensure that, if you are indicted by a grand jury, your trial is conducted as fairly as possible. Under the terms of the Sixth Amendment, you have the right to a speedy trial --- you can't just be left languishing in prison without going to court. You also have the right to confront your accusers. Witnesses for the prosecution must be open to cross-examination, allowing you to challenge the assertions and credibility of people speaking against you. Finally, the Sixth Amendment also provides for counsel. You must be given the opportunity to be represented by an attorney, although you are also allowed to waive this right and represent yourself.