U.S. and Nevada Constitutions & Amendments

• The United States Constitution was created to "form a more perfect Union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty."
• The U.S. Constitution established the Federal Government and delegated limited powers to it.
• The Nevada Constitution establishes the basic structure of the state's government.
• "Structure" refers to major offices, their relationships, law creation, regulatory activities, state representation, and citizen welfare.

First Amendment

• Provides for freedom of religion, speech, and press, and the right to assemble and petition.
• Congress cannot make laws establishing a religion or prohibiting its free exercise.
• Congress cannot abridge freedom of speech or the press.
• Congress cannot abridge the right of the people to peaceably assemble, and to petition the government for a redress of grievances.

Second Amendment

• It provides for the right to private ownership and possession of firearms, necessary for a well-regulated militia and the security of a free state.
• The right of the people to keep and bear Arms, shall not be infringed.

Fourth Amendment

• It protects against unreasonable searches and seizures of persons, houses, papers, and effects.
• Warrants require probable cause, supported by oath or affirmation, and specific descriptions of the place, persons, or things to be seized.

Fifth Amendment

• Guarantees individuals cannot be compelled to be a witness against themselves in a criminal case.
• Individuals cannot be tried for the same offense twice.
• Individuals cannot be deprived of life, liberty, or property without due process of law.

Sixth Amendment

• Guarantees the right to a speedy and public trial.
• Includes the right to confront witnesses and obtain favorable witnesses.
• Includes the right to assistance of counsel during court proceedings.

Fourteenth Amendment and Citizenship

• Ratified after the Civil War, it provides citizenship and protection to freed slaves.
• Naturalization is the sole responsibility of Congress.
• Those born or naturalized in the U.S. are citizens.

Privileges and Immunities and the Fourteenth Amendment

• Clarifies that the rights of citizens may not be abridged.
• Article IV ensures equal treatment of citizens in other states i.e interstate relations.
• The Fourteenth Amendment protects fundamental rights of all U.S. citizens.

Due Process and the Fourteenth Amendment

• It applies due process to all states.
• Substantive due process requires laws to clearly state prohibited or required actions.
• A vague law will be revoked under the "void for vagueness doctrine".
• Procedural due process mandates fair criminal prosecutions and hearings.
• No state can deprive a person of life, liberty, or property without a legal proceeding.

Equal Protection and the Fourteenth Amendment

• Laws cannot discriminate based on race or religion.
• Extending the Sixth Amendment right to counsel at government expense depends on equal protection concepts.
• Jailing individuals for failure to pay fines is prohibited if a good faith effort to pay is made.
• Applies most of the Bill of Rights to the states, declaring the First, Second, Fourth, and Eighth Amendments, as well as portions of the Fifth and Sixth Amendments, as fundamental rights.

Purpose of Miranda Warnings

• The Fifth Amendment protects individuals from being compelled to be a witness against themselves in a criminal case.
• Miranda vs. Arizona (1966) established that statements during custodial interrogation are "compelled" without warnings.
• Admission of an "unwarned" statement violates the Fifth Amendment right against self-incrimination.
• Miranda warnings are advisements given to a person at the start of custodial interrogation.

Elements of the Miranda Warning

• A peace officer must advise a suspect of their right to remain silent.
• Anything the suspect says may be used against them in court.
• The suspect has the right to an attorney before and during questioning.
• If the suspect cannot afford an attorney, one will be appointed for them free of charge prior to any questioning should they wish.
• The officer must ensure the suspect understands these rights.
• A valid waiver must be obtained before proceeding with the interrogation.
• If the suspect invokes their right, the officer must stop questioning.

When Miranda Warning Must Be Administered

• Miranda warnings are necessary when both custody and interrogation exist.

Custody:

• Custody means a formal arrest or its "functional equivalent".
• Objectively determined by the totality of the circumstances.
• People are in custody when actually arrested or subjected to restraints associated with a formal arrest.
• The amount of suspicion or probable cause an officer may have, if undisclosed, is irrelevant to the question of whether custody exists.
• Miranda warnings are not required during a routine traffic stop because there is no "custody".

Interrogation:

• Interrogation occurs when a peace officer engages in direct questioning about a crime.
• Interrogation occurs when a peace officer says something or performs some action that is reasonably likely to elicit an incriminating response from a person.
• Routine booking questions and casual comments are not interrogation.