Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureEasy
A defendant is charged with possession of illegal narcotics. During the investigation, police conducted a search of the defendant's home without a warrant or probable cause. The narcotics were found during this search. The defendant's attorney files a motion to suppress the evidence. Which constitutional amendment primarily supports the defendant's motion?
- AFifth Amendment
- BEighth Amendment
- CSixth Amendment
- DFourth Amendment
Show answer & explanationAnswer & explanation
Correct answer: D. Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures. A search conducted without a warrant or probable cause, absent a recognized exception, is considered unreasonable and violates this amendment, leading to the suppression of evidence under the exclusionary rule.
Why the other options are wrong
- A. The Fifth Amendment deals with self-incrimination, double jeopardy, and due process, not unreasonable searches.
- B. The Eighth Amendment prohibits cruel and unusual punishment and excessive bail/fines, unrelated to search and seizure.
- C. The Sixth Amendment guarantees the right to counsel, a speedy trial, and confrontation of witnesses, not protection against unreasonable searches.
Fourth Amendment
Protects people from unreasonable searches and seizures by the government.
- Requires warrants to be based on probable cause.
- Warrants must describe the place to be searched and the persons or things to be seized.
- Evidence obtained in violation of the Fourth Amendment is generally inadmissible (Exclusionary Rule).
Memory trick: AMENDMENTS Protect the ACCUSED.