Essay Example on Petitioner Slim Workman was convicted on numerous charges related to the death of his roommate Mr. Thompkins

An officer then tells petitioner Slim Workman That it would be better for him if he confessed And that if he waited to call a lawyer they would make it hard for him at which time the petitioner admitted to killing his roommate with the pistol that was illegal to possess under the county ordinance Dr Foote indwes edu At the precinct Workman complained of needing medical attention and was denied Probable cause to make entry without a warrant is acceptable in this case but a warrant or consent from a person who resides in the apartment is needed to perform a thorough search of the property This case exhibits the same violation as in Weeks v United States 1914 which states that the Fourth Amendment protects people their bodies homes papers and effects against all unreasonable searches and seizures Mapp v Ohio 1961 which states the Fourth Amendment prohibits unreasonable search and seizures is inadmissible in courts If the federal exclusionary rule prohibits the use of unconstitutionally obtained evidence this rule applies to the states The automatic pistol in this case would fall under the guise of the exclusionary rule 

As stated per Miranda v Arizona 1966 the Fifth Amendment protects against self incrimination in all settings It is clear to this court the confession was coerced when the plaintiff is told that it would be better for him if he confessed And that if he waited to call a lawyer they would make it hard for him As shown in Brown v Mississippi 1936 whether convictions rest exclusively upon a confession when forced by officers of the state by callousness and forcefulness are reliable with the due process of law required by the Fourteenth Amendment The coerced confession of the petitioner prior to being mirandized is apparent that the Fifth and Fourteenth Amendments were violated in this case Right to counsel is a right granted to citizens through the Fifth Amendment when an individual is mirandized and again in the Sixth Amendment which states the accused has the right to an attorney if they so choose A violation has occurred when either the Fifth or Sixth amendments does not follow protocol In the Powell v Alabama 1932 it is stated that the defendants did not have a fair trial and this right then denied due process of law The petitioner in this case was also denied a fair trial as evidence was used against the petitioner is unlawfully seized and the use of a coerced confession without the presence of an attorney Here is a violation of the Fifth Sixth and Fourteenth Amendments