Explain the meaning of the Fourth and Fifth Amendment protections for criminal defendants

What will be an ideal response?

The Fourth Amendment to the U.S. Constitution protects persons and corporations from overzealous investigative activities by the government. It protects the rights of the people from unreasonable search and seizure by the government and permits people to be secure in their persons, houses, papers, and effects. Reasonable searches are those that, in most instances, are predicated on a search warrant, which is based on probable cause. Search warrants specifically state the place and scope of the authorized search. General searches beyond the specified area are forbidden. Warrantless searches generally are permitted only (1) incident to arrest, (2) where evidence is in "plain view," or (3) where evidence likely will be destroyed. Evidence obtained from an unreasonable search and seizure is considered tainted and, under the exclusionary rule, is generally excluded from criminal prosecutions. The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." This means that a person cannot be compelled to give testimony against himself or herself, although nontestimonial evidence, such as fingerprints and body fluids, may be required. This protection applies only to natural persons, not corporations and partnerships. Because of Supreme Court decision in this area, it is improper for a jury to infer guilt from the defendant's exercise of his or her constitutional right to remain silent. However, if the government wants to obtain evidence from one who has taken the Fifth, it can offer the person immunity, which means the government would agree not to prosecute the person based on the testimony they would give. The Fifth Amendment also protects against double jeopardy, which means that a criminal defendant may not be tried twice for the same crime. However, if the same criminal act involves several different crimes, the accused may be tried for each of the crimes without violating the double jeopardy clause. Or, if the same act violates the laws of two or more jurisdictions, each jurisdiction may try the accused.