What the Bill of Rights Means to You

The Founding Fathers, primarily future president James Madison, added the Bill of Rights to the Constitution for political purposes. The guarantees of personal liberties convinced voters in states where the Constitution was unpopular, like New York, Pennsylvania, and Virginia, to support the document’s ratification. However, sometimes politicians get it right. The first ten amendments to the Constitution benefit every American every day.

Political commitments come and go. Madison later opposed broad government powers, like the ones in the Constitution. But the commitment of a Marietta criminal defense lawyer never changes. Primarily, defense lawyers do what they do to protect individual rights from excessive government interference. If you stand by and do nothing when the government targets “criminals,” the government could come for you next.

First Amendment

There’s a reason this one is first. Free speech, in various forms, is the foundation of not only our democracy, but also other worldwide democracies.

We mentioned Madison’s change of heart above. In 1798, when war with France seemed imminent, Congress passed the Alien and Sedition Acts, which tightened restrictions on foreign-born Americans and limited speech critical of the government. At that point, Madison and others began thinking that giving the government such broad powers was probably a mistake.

Second Amendment

This provision protects the right to keep (own) and bear (arms). In recent years, both protections have come under fire.

Red flag laws affect gun ownership. In most states, if gun owners develop a mental illness, are convicted of a crime, go on certain websites, or otherwise exhibit risky behavior, at least in the eyes of a petitioner, a judge may temporarily revoke the individua’s right to keep arms.

Red flag laws, which many see as a “compromise” gun ownership control measure, don’t affect gun trusts. A trust is a legal entity that never develops a mental illness or raises any other red flag. The trustee (individual who manages the trust) may control and possess guns, but s/he doesn’t legally own them.

Local CLEO (chief law enforcement officer) approval of gun permits affects the right to bear arms. In some states, the law says that the CLEO “may” issue a gun permit if the applicant meets minimum qualifications. In other words, the CLEO basically has gun possession veto power.

Other states, including Georgia, are “shall issue” states that technically deny this veto power. However, a gun carry permit could get buried at the bottom of a stack of paperwork for a very long time.

Once again, a gun trust bypasses this problem. CLEOs have no say in the process. A Marietta gun trust lawyer draws up the paperwork, usually in as little as one office visit.

Third Amendment

Quartering soldiers was a big deal in colonial days. Under British law, if a few Redcoats knocked on your door, you had to provide them with room and board indefinitely. And you thought it was bad when your deadbeat brother-in-law showed up unannounced.

Military housing in civilian homes isn’t a problem anymore. But the Third Amendment solidified the principle of civilian control of the military. If the power structure is reversed and the military runs free, bad things usually happen.

Fourth Amendment

Warrantless searches and seizures were also a major issue in colonial America. So, the Fourth Amendment limits searches to reasonable searches and those supported by probable cause affidavits.

Usually, “reasonable” is a subjective term that could mean almost anything. But in this context, a reasonable search is limited to:

• Plain View: Pure plain view seizures are very rare. Very few people leave illegal handguns on a passenger seat. Partial plain view seizures (a pistol grip visible) are much more common and much harder to justify in court.
• Owner Consent: Owners or apparent owners may consent to property searches. Courts usually tolerate some police officer bullying (e.g. You don’t mind if we look around, do you?), but at some point, officers cross the line.
• Random Pat-Downs: Technically, stop-and-frisk searches are constitutional, if officer have probable cause. But many jurisdictions don’t allow them or view them suspiciously.

Valid affidavits must cite reliable information. There’s a difference between reliable and accurate. A blind squirrel occasionally finds a nut.

Furthermore, the warrant must be specific as to the location and items to be seized. If Officer Jones has a warrant to search a basement for a drug lab, he cannot search the garage for weapons.

Fifth Amendment

The most important, and probably most well-known, Fifth Amendment right is the right to remain silent. Other important Fifth Amendment criminal defense rights include:

This provision also includes the double jeopardy clause. For example, if prosecutors put Ralph on trial for murder and a jury acquits him, prosecutors cannot put him on trial for aggravated assault. Certain exceptions, like the separate sovereignties exception (a person can face state and federal charges) apply.

Sixth Amendment

A jury trial is the pillar of a criminal defense in Georgia. The Sixth Amendment guarantees this right and also fleshes out some specifics, including:

• Public trial,
• Confrontation of witnesses,
• Speedy trial,
• Right to counsel, and
• Ability to subpoena witnesses.

All these rights are very important, even seemingly obscure ones, like the right to a public trial. People, including lawyers and judges, usually behave better when they know someone is watching.

Seventh Amendment

The second jury trial amendment states that a jury’s decision is final. An appeals court cannot second-guess a jury’s verdict, but it can void the verdict, if the challenging party establishes fraud or another serious irregularity.

Eighth Amendment

Most people are familiar with the cruel and unusual punishment provision. Many people are less familiar with the excessive fine prohibition and reasonable bail requirement. These two provisions affect more people, especially as civil forfeiture becomes a more common police tactic.

Ninth and Tenth Amendments

We’ll group these last two together because, for criminal law purposes, they’re nearly the same. These provisions give states the right to set up their own criminal justice systems. This power includes not only courts, but also pretrial release, probation, parole, and all other criminal justice matters.

We believe it’s important for people to know their rights. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.