Discretion and Amendments

Some people are intimidated by the police. As much as officers are SUPPOSED to protect society and are looked at with admiration, there is a dark side to career. It is not uncommon for police to intentionally "deceive" a suspect to trick them into giving up information. For example, two teenagers commit a crime together and are asked to come to the police station for questioning. Often times the police will take the two into separate rooms and tell one of them that the other "ratted them out" or told the whole story. The police then offer the person a deal that if they tell the truth they will not get punished harshly. The person gives up the story and they repeat the process with the other guy in the other room. This is an example of how police can be sneaky and manipulate a situation to work for them. To shield everyday people from crooked police the American court system created a few amendments dedicated to protect citizens.

The 4^th Amendment pertains to search and seizures  Police need a warrant to search and seize a person's belongings. In order to obtain a warrant, police must have probable cause. For example, the police can say "We believe John killed the man because we found his wallet at the scene of the crime and he did not like the victim". The judge would usually grant a search warrant for the police. In some cases the police even have to name a specific room in the house (ex: I’m looking for him in the living room). They can not just target anyone, anywhere in the house.

The 5^th Amendment means "no double jeopardy". This basically means a suspect can not be charged for the same crime twice by the same court. For example, if a person kidnaps somebody they break state and federal laws. The person might not be committed guilty in state court but luckily can be sued in federal court. If federal court does not convict him/her then the person walks on the crime. It also has to do with due process. Due process is a certain process that must be followed before losing life, liberty, getting jail time, fines, etc. This includes not being forced to testify against yourself.

The 6^th Amendment is the right to a speedy and public trial. This is the right of every person who is arrested. The person has the right to a fair and impartial jury, the right to know the charges against themselves, the right to confront accusers, and right to call witnesses to support themselves. The 6th Amendment also includes Miranda rights which states that the person arrested has the right to an attorney. Here is the speech that the police must recite: 
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?".

 The 8^th Amendment protects suspects from excessive bail or fines. Bail can not be excessively high. The second part pertains to no cruel or unusual punishment. Some debate whether the death penalty is a cruel punishment however many countries still practice this form of punishment today including the United States.

Police may have the responsibility of keeping people safe and making arrests but they still must respect privacy. They are not allowed to do anything they want to do and that is where the 4th, 5th, 6th, and 8th Amendments come in to protect citizens.