Investigational Rights

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Several rights exist for those being detained or investigated. These rights serve primarily to protect and to avoid abuse of power of those investigating or detaining. There are (in my view) mainly five rights every person is entitled to during an investigation. 

Primarily, the Fourth Amendment. Formally written in the Constitution as  

”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.” 

The Fourth Amendment protects unnecessary search without probable cause or a warrant. Rather than protecting during an investigation, this prevents one from beginning in the first place. Any searches conducted violating the fourth amendment are unlawful and void, meaning one can not be charged for any crimes if they were found in said search.

While the Fifth Amendment does protect, it does so in a unique way. The Fifth Amendment appears in the Constitution as 

”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.”

What this means is one cannot be charged for a crime without being presented to a jury except in times of war; one cannot be charged for the same crime twice, one should not be forced to be a witness against themself (self incrimination); one should not be stripped of their life, liberty, or property without .awful reason; and that private property can not be taken for public use without lawful reasoning. 

In short, the Fifth Amendment protects by preventing abuse of power and unlawful seizure and from being arrested by preventing self incrimination as a witness and preventing getting arrested for the same crime.

The Sixth Amendment is much more straightforward, but nonetheless just as essential.

”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.”

Rather than a protection, the Sixth Amendment serves more as a right. What is stated is that those involved in criminal prosecutions have the right to a speedy and public trial with a jury of the State in a court of the district the crime was committed, and that the accused has the right to know what they are being accused of. 

The Seventh Amendment, similar to the Sixth protects one’s rights before and during court.

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

This amendment grants the right to a trial by jury and that any decision made by the jury shall not be re-examined than according to law in a court of common law

The Eighth Amendment, unlike any so far,  protects the severity of punishment decided by the court.

”Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

To prevent extreme punishment over a crime that does not call for it, the Eighth Amendment exists. Punishments such as the death penalty have been debated under the Eight Amendment, and in my opinion is one of the most favorable one in a court of law.

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The Sixth Amendment is much more straightforward, but nonetheless just as essential.

”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.”

Rather than a protection, the Sixth Amendment serves more as a right. What is stated is that those involved in criminal prosecutions have the right to a speedy and public trial with a jury of the State in a court of the district the crime was committed, and that the accused has the right to know what they are being accused of. 

The Seventh Amendment, similar to the Sixth protects one’s rights before and during court.

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

This amendment grants the right to a trial by jury and that any decision made by the jury shall not be re-examined than according to law in a court of common law

The Eighth Amendment, unlike any so far,  protects the severity of punishment decided by the court.

”Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

To prevent extreme punishment over a crime that does not call for it, the Eighth Amendment exists. Punishments such as the death penalty have been debated under the Eight Amendment, and in my opinion is one of the most favorable one in a court of law.

Those are the rights that can and likely protect you in court or in the process of being under investigation.