The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
Sixth Amendment:
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with
the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.
State Law / Preemption The United States Constitution is the supreme law of the
land, and preempts (overrides or “erases”) any inconsistent State or local law. So, no
State or local government can diminish the rights guaranteed by the United States
Constitution. On the other hand, every State is free to adopt laws that expand the rights of
individuals (suspects/defendants) beyond those guaranteed by the United States
Constitution. This is true for all 50 States.
We sometimes hear news reports of decisions of the United States Supreme Court
stating that certain police actions have been upheld as constitutional. However, law
enforcement and prosecutors, indeed the citizenry of each State, must realize that even
though the police actions passed muster under the United States Constitution, they may
still run afoul of a State law as interpreted by that State’s courts and thus not be
allowed by that State. On the other hand, if the United States Supreme Court issues a
decision stating that a particular police action is unconstitutional under the United
States Constitution, the decision is automatically binding on police everywhere, even if
some State court decision or statute purports to allow the police action.
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