NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A criminal defense paralegal is reviewing an arrest report for a client charged with felony assault. The report indicates that the police conducted a search of the client's home without a warrant or the client's consent, finding incriminating evidence. There were no exigent circumstances. The attorney will likely file a motion to suppress this evidence based on which constitutional amendment?
- ASixth Amendment
- BFourth Amendment
- CFifth Amendment
- DFirst Amendment
Show answer & explanationAnswer & explanation
Correct answer: B. Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures. Evidence obtained in violation of this amendment, without a warrant or applicable exception, is generally inadmissible under the exclusionary rule.
Why the other options are wrong
- A. The Sixth Amendment guarantees the right to a speedy and public trial, impartial jury, counsel, and to confront witnesses.
- C. The Fifth Amendment covers due process, self-incrimination, double jeopardy, and grand juries.
- D. The First Amendment deals with freedom of speech, religion, press, assembly, and petition.
Fourth Amendment
Protects individuals from unreasonable searches and seizures, requiring probable cause for warrants.
- Requires warrants to be based on probable cause.
- Specifies warrants must describe place to be searched and items to be seized.
- Exclusionary rule prevents illegally obtained evidence from being used.
Memory trick: Remember your Rights: Search, Silence, Trial, and Counsel.