Bill of Rights
Nicolas I. Vera U.S. History 3rd
What are the Bill of Rights?
Amendment 1
The First Amendment in our vocabulary states that you have the right to say anything you want, follow any religion, talk bad about the government and the government cannot arrest you for this.
Court Case: Bretham Barber v. United States
Bretham was suspended for wearing a shirt with the face of George W. Bush. His Principal saw this and advised him to take off, turn it inside-out or to call his father. Bretham, chose t call his father and stated that he had the right to wear his shirt due to the 1st Amendment. Bretham got The Supreme Court involved and won.
This case is an excellent example of having the right to say anything, follow any religion and to criticize the government.
Amendment 4
The Fourth Amendment in my own words states that law-enforcement cannot barge into your home and search without the consent of a warrant.
Court Case: Kyllo v. United States
Kyllo was suspected of growing Marijuana on his property by Special Agent William Elliot. Mr. William knew you need special lights to grow Marijuana inside your home. Without permission Mr. William used a special thermal imaging camera to see through the home of Mr. Elliot. Mr. Williams gathered enough evidence to get a search warrant and and had Mr. Elliot arrested. Mr. Elliot stated that Mr. Williams needed authorization to use the thermal imaging camera, much to the United States dismay, they had him sentenced to 25 years in prison.
This case is an excellent example of dis-obeying the Bill of Rights.
Amendment 5
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.
In my own words Amendment 5 states that if you are trialed for a crime there has to be enough evidence for your conviction and cannot take away your freedom without a trial first.
Mr. Miranda was trialed for rape and kidnapping and after hours of interrogation he confessed, Mr. Miranda signed a statement confirming it was voluntary. His lawyer stated that his client Mr. Miranda did not understand the 5th Amendment which granted him to remain silent and the 6th amendment granted him an attorney present, The Supreme Court agreed and overturned his conviction.
This case is an excellent example of dis-obeying the Bill of Rights.