Constitutional Criminal Procedure
Baker, Thomas E.
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This article discusses decisions of the Eleventh Circuit and also decisions of the former Fifth Circuit during the survey period of January 1, 1981, to December 31, 1981. Of the twenty-three individual rights guaranteed in the first eight amendments to the Constitution, twelve relate to criminal procedure. Because of the founding fathers’ emphasis in this area, which has been carried forward by the court, constitutional criminal procedure dominates the workload of the courts of appeal. During the survey period, the court decided more than three hundred appeals related to constitutional criminal procedure. The article focuses on the principal areas of concern in constitutional criminal procedure during the survey period. The article begins with an introduction. Section two discusses appeals challenging arrests based on violations of the Fourth Amendment. Section three analyzes searches and seizures, explaining that the protection of the Fourth Amendment comes into play if, and only if the government, as searcher and seizer, has violated an individual’s reasonable expectation of privacy. Section four discusses the Fifth Amendment privilege against self-incrimination. Section five discusses the limits of a defendant’s constitutional guarantee against double jeopardy. Finally, section six discusses components of the Sixth Amendment right to counsel. Section seven consists of a brief conclusion.