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Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law
Muniz, 496 US 582 (1990), is a U.S. Supreme Court case involving the Self-incrimination Clause of the 5th Amendment and the meaning of “testimonial” under the 5th Amendment. A drunk-driving suspect, Muniz, made several incriminating statements while in police custody, and the Supreme Court held that only one of these statements was ...
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
Two police officers invoked the Fifth Amendment when they declined to testify before a grand jury investigating fired Paterson cop Spencer Finch.
private possession of obscene material protected under First Amendment Street v. New York: 394 U.S. 576 (1969) free speech, flag burning: Shapiro v. Thompson: 394 U.S. 618 (1969) Right to travel: Leary v. United States: 395 U.S. 6 (1969) Marihuana Tax Act of 1937 ruled unconstitutional under the Fifth Amendment: Red Lion Broadcasting Co. v. FCC ...
The Takings Clause of the 5th Amendment promises that private property cannot be taken for public use "without just compensation," though some lower courts have ruled that actions taken by police ...
United States due process case law (4 C, 43 P) United States equal protection case law (1 C, 222 P) United States Fifth Amendment self-incrimination case law (1 C, 56 P)
The amendment as proposed by Congress in 1789 and ratified by the states: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be ...