Paralegal Certification PrepLitigationHard
A paralegal is reviewing a police report in a criminal case where the defendant is accused of shoplifting. The report details an anonymous tip received by police, stating that a person matching the defendant's description was seen leaving the store with unpaid merchandise. The police then located and arrested the defendant based on this tip. The defense attorney is likely to challenge the legality of the arrest based on which constitutional amendment?
- ASixth Amendment
- BEighth Amendment
- CFifth Amendment
- DFourth Amendment
Show answer & explanationAnswer & explanation
Correct answer: D. Fourth Amendment
The Fourth Amendment protects against unreasonable searches and seizures. An arrest must be based on probable cause, and an anonymous tip alone often does not establish probable cause without further corroboration, making it a likely target for a Fourth Amendment challenge.
Why the other options are wrong
- A. The Sixth Amendment guarantees rights related to criminal prosecutions, such as the right to counsel and a speedy trial.
- B. The Eighth Amendment prohibits cruel and unusual punishment and excessive bail/fines.
- C. The Fifth Amendment deals with due process, self-incrimination, and double jeopardy.
Fourth Amendment
A constitutional amendment that protects people from unreasonable searches and seizures by the government, requiring warrants to be based on probable cause and to particularly describe the place to be searched and the persons or things to be seized.
- Applies to arrests, searches, and seizures of property.
- Requires probable cause for warrants and most arrests.
- Exclusionary rule is a remedy for violations.
Memory trick: Criminal Amendments: '4-Searches', '5-Silence', '6-Trial', '8-Punish'.