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Security of the Home and the Person

Security of the Home and the Person. The 3rd and 4th Amendments protect the security of home and person. The 4th Amendment protects against writs of assistance (blanket search warrants) and “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment.

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Security of the Home and the Person

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  1. Security of the Home and the Person

  2. The 3rd and 4th Amendments protect the security of home and person. The 4th Amendment protects against writs of assistance (blanket search warrants) and “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment.

  3. Aspects of the 4th Amendment

  4. Rights of the Accused • Writ of Habeas Corpus—A court order which prevents unjust arrests and imprisonment • Bills of Attainder—laws passed by Congress that inflict punishment without a court trial • Ex Post Facto Laws—new laws cannot apply to things that happened in the past

  5. Grand Jury • A grand juryis the formal device by which a person can be accused of a serious crime. • It is required for federal courts under the 5th Amendment. • The grand jury deliberates on whether the prosecution’sindictment,a formal complaint, presents enough evidence against the accused to justify a trial. • Only the prosecution presents evidence. • The right to a grand jury is not covered by the 14th Amendment’s Due Process Clause. Most States have legislated to skip the grand jury stage.

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