Asked by Ramanan Srinivasagopalan on Jul 18, 2024
Verified
Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is true regarding the officer's statement that since state police were involved,federal constitutional rights were waived?
A) The officer was correct.
B) The officer was correct only if it is proven that a felony was committed; otherwise,federal constitutional rights applied.
C) The officer was correct only if it is proven that a misdemeanor was committed; otherwise,federal constitutional rights applied.
D) The officer was incorrect,because the Sixth Amendment to the United States Constitution extends most federal constitutional rights to the state level.
E) The officer was incorrect,because the Fourteenth Amendment to the United States Constitution extends most federal constitutional rights to the state level.
Federal Constitutional Rights
Rights granted to citizens by the U.S. Constitution that are protected from governmental infringement.
Sixth Amendment
A provision of the U.S. Constitution that guarantees individuals the right to a speedy trial, an impartial jury, and the right to counsel.
Fourteenth Amendment
An amendment to the U.S. Constitution that grants citizenship to all persons born or naturalized in the United States and provides equal protection under the law.
- Identify the legal protections against self-incrimination and unwarranted searches, and understand the right to legal representation.
Verified Answer
KC
Keeziah Charise FloresJul 23, 2024
Final Answer :
E
Explanation :
The Fourteenth Amendment to the United States Constitution extends most constitutional rights to defendants at the state level.
Learning Objectives
- Identify the legal protections against self-incrimination and unwarranted searches, and understand the right to legal representation.