Criminal Defense Attorneys and The People They Really Protect


At some point in your life, whether at a cocktail party, holiday party, or as part of everyday casual conversation, you have probably been involved in a discussion on criminal defense attorneys. And at that point, you were probably either defending or criticizing defense attorneys. Such criticism usually includes the fact that some criminal defense attorneys are just greedy individuals who will defend anyone to make a quick buck, some do not care whether a criminal is set free to harm others once more, and some may flat out lack a conscious and will defend even repeat child molesters. I, like many others, agree that not all criminal defense attorneys are perfect. Unfortunately, however, nearly every profession is afflicted by individuals consumed with excessive greed, with a disregard for humanity’s well being, and with a lack of conscious that results in a disconnect between society’s mores and their own.

Nonetheless, it is important to remember that criminal defense attorneys are not just defending “criminals,” they are more importantly defending your constitutional rights. To the average person the import of such a notion may not be as striking as it is to a student of the law, and for that reason, the forthcoming examples highlight some rights that have been defended for the good of society. Problems here abound between the role of the government and its ever-increasing emphasis on detecting and eradicating crime versus the role of individuals and their rights to be secure in their “persons, houses, papers, and effects.” More specifically, at some points, the government, whether advertently or inadvertently, intrudes upon the rights guaranteed to “the people” under the Fourth Amendment, which guards us from “unreasonable searches and seizures” absent “probable cause.”

On many different occasions, I have been asked why the criminal justice system lets criminals go free just because police officers located the body or murder weapon in a place where the officers were not supposed to be. The obvious retort here is that these persons are not familiar with the protection from the government that our framers had in mind when they created the Constitution and the Bill of Rights. The Fourth Amendment protects us from officers simply acting on a hunch, or even less, from entering our homes and rummaging through our belongings regardless of whether there is any actual suspicion that criminal activity has taken place.

The right belongs to “the people,” which includes both the guilty and the innocent. Thus, when an individual says something along the lines of, “who cares if they broke into his house, he should not have been selling drugs in the first place,” it is important to remember that it could have been your house that they entered. Keep in mind that most of us, myself included, do not care as much about a criminal’s rights being violated. The critical point here is that if law enforcement knows no bounds then the completely innocent person’s rights will be infringed. Being that the mistakes officers make when they enter an innocent person’s home are not as often litigated, we are left with criminal defense attorneys defending our rights through their “criminal” clients.

For example, even though an officer found drugs in a bus passenger’s bag in Bond v. U.S. (2000), the Supreme Court (“Court”) held that officers were not permitted to board a bus to check for drugs and manipulate a passenger’s bags in an exploratory manner absent any kind of suspicion of criminal activity. This may seem trivial to many individuals, but what if you have something of an intimate or sensitive nature in your bag that you do not want anyone knowing about (e.g. prescription pills for a personal ailment).

Similarly, when officers tried using thermal-imaging devices to obtain intimate details of the inside of a suspected marijuana grower’s home absent a search warrant, the Court held that the officers violated the suspect’s Fourth Amendment rights (see Kyllo v. U.S. (2001)). Despite the fact that the suspect was indeed growing marijuana, the Court upheld its long-standing protection of the “home” and elaborated upon the officers’ ability to gain intimate knowledge of the occurrences within the home, such as when the “lady of the house takes her daily sauna or bath.” Essentially, such a ruling prohibits officers from sitting outside of your home and peering through the walls simply because they are acting on a hunch, an unreliable anonymous tip, or even less than that. age of consent in Michigan

Also of great importance is the Court’s holding in County of Riverside v. McLaughlin (1991), where the Court ruled that an arrested individual must be provided with a probable cause assessment within 48 hours after being arrested. In other words, this rule, for the most part, assures that officers will not be able to simply arrest you without sufficient suspicion and hold you indefinitely even though you did not commit any criminal act (note: the delay can extend beyond 48 hours, but at that point the burden shifts to the government to prove a bona fide emergency or extraordinary circumstances led to the delay).

In Steagald v. U.S. (1981), the Court disallowed evidence seized in the defendant’s home when officers used an arrest warrant for a fugitive to enter the defendant’s home in search of the fugitive but instead found drugs that were used against the defendant. Once again, some may argue that this is what he deserves, but the bigger picture here involves asking yourself if you are comfortable with officers being able to enter your home and search through your belongings simply because they may have an arrest warrant for a friend or relative of yours. Relying on such privacy concerns, the Court made clear that in order for police to conduct such procedures they must obtain both an arrest warrant for the suspect and a search warrant for the third-party’s residence.

 


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