Your 4th, 5th and 6th
Amendment Constitutional Rights
Constitutional
Law
The Preamble to The Bill of Rights
Congress of the United States begun and held at the City of New-York,
on
Wednesday the fourth of March, one
thousand seven hundred and eighty nine.
THE Conventions of a number of the
States, having at the time of their adopting the Constitution,
expressed a desire, in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive clauses
should be added: And as extending the ground of public confidence
in the Government, will best ensure the beneficent ends of its
institution.
RESOLVED by the Senate and House
of Representatives of the United States of America, in Congress
assembled, two thirds of both Houses concurring, that the following
Articles be proposed to the Legislatures of the several States,
as amendments to the Constitution of the United States, all, or
any of which Articles, when ratified by three fourths of the said
Legislatures, to be valid to all intents and purposes, as part
of the said Constitution; viz.
ARTICLES in addition to, and Amendment
of the Constitution of the United States of America, proposed
by Congress, and ratified by the Legislatures of the several States,
pursuant to the fifth Article of the original Constitution.
[Note from Mr. Head: The first
ten amendments to the Constitution were added at one time. The
most common constitutional rights utilized in DUI/DWI cases are
the Fourth, Fifth and Sixth Amendments. These three are reproduced
below.]
Our Sixth
Amendment Right
United
States Constitution, Amendment VI
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 defense.
Our Fifth Amendment Right
United
States Constitution, Amendment V
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.
Our Fourth Amendment Right
Amendment VI
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 defense.
NORML, an organization dedicated
to ending the criminalization of marijuana possession in America,
has created a "Freedom Card" for citizens to use when confronted
by or during investigation by police. For non-driving
situations, the card seems very effective (if followed).
The card can be downloaded using Adobe Acrobat by starting at
this link -- http://norml.org/legal/freedomcard.shtml
THE NORML FOUNDATION FREEDOM CARD
The U.S. Constitution prohibits
the government from interfering with your right to remain silent,
to consult with an attorney, and to be free from unreasonable
searches and seizures by law enforcement. However, it is up
to you to assert these rights. This NORML Foundation Freedom
Card will help you do so effectively.
If you are confronted by a police
officer, remain calm. Be courteous and provide your identification.
Politely refuse to answer any further questions. Ask to talk
to an attorney. Do not consent to any search of your person,
your property, your residence or your vehicle. Tell the officer
you would like to give him or her this card, which is a statement
of the constitutional rights you wish to invoke. Do not reach
for this card until you have obtained the officer's permission
to do so.
If the officer fails to honor
your rights, remain calm and polite, ask for the officer's identifying
information and ask him or her to note your objection in the
report. Do not attempt to physically resist an unlawful arrest,
search or seizure. If necessary, you may point out the violations
to a judge at a later time.
