Your constitutional rights in a criminal case

Five amendments protect you when you are accused of a crime. Each one limits what the government can do, and each one has a remedy when it is violated. This page explains what they mean in plain language and links to detailed guides on each.

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Fourth Amendment

Protection from unreasonable searches and seizures

Police cannot search your home, car, or person without a warrant, your consent, or a recognized exception like probable cause. If they do, the evidence can be thrown out.

Common violations

-Searching your home without a warrant

-Searching your car without probable cause

-Drawing blood without a warrant (in most DUI cases)

-Searching your phone without a warrant

Illegal search and seizure →Withdrawing consent to a search →How evidence gets excluded →

Fifth Amendment

Right against self-incrimination and double jeopardy

You cannot be forced to testify against yourself. You have the right to remain silent. If you are acquitted, the government cannot try you again for the same crime. You are entitled to due process before the government takes your life, liberty, or property.

Common violations

-Interrogation without Miranda warnings

-Coerced confessions through threats or force

-Continued questioning after you invoke your right to silence

-Retrying you after an acquittal

How evidence gets excluded →Prosecutorial misconduct →

Sixth Amendment

Right to counsel, jury trial, and confrontation of witnesses

You have the right to a lawyer, including a free one if you cannot afford it. You have the right to a speedy and public trial by an impartial jury. You have the right to know the charges against you, confront the witnesses against you, and present your own witnesses.

Common violations

-Denial of access to an attorney during questioning

-Ineffective assistance of counsel at trial

-Unreasonable delay in bringing you to trial

-Blocking your ability to cross-examine prosecution witnesses

Criminal appeals →Post-conviction petitions →Appeal issues and grounds →

Eighth Amendment

No excessive bail, fines, or cruel and unusual punishment

Bail must be reasonable, not set so high that it amounts to a denial of release. Fines must be proportionate. Punishment cannot be cruel, degrading, or disproportionate to the crime.

Common violations

-Bail set at an amount designed to keep you locked up

-Inhumane conditions while in custody

-Sentences grossly disproportionate to the offense

Criminal appeals →What to expect at arraignment →

Fourteenth Amendment

Due process and equal protection

State and local governments must follow the same constitutional rules as the federal government. You cannot be treated differently based on race, ethnicity, gender, or other protected characteristics. Every step of the process, from arrest to sentencing, must be fair.

Common violations

-Racial profiling during stops or arrests

-Bias in jury selection (Batson violations)

-Selective or vindictive prosecution

-Denial of due process at any stage

Prosecutorial misconduct →Criminal defense →

What a defense attorney does when your rights are violated

Motion to suppress evidence

Asks the court to exclude evidence obtained through an illegal search, a Miranda violation, or another constitutional breach. If granted, the prosecution cannot use that evidence at trial.

Motion to dismiss charges

In severe cases (vindictive prosecution, pervasive misconduct, or violations that make a fair trial impossible) the defense moves to dismiss the charges entirely.

Challenge witness testimony

Testimony obtained through coercion, improper identification procedures, or in violation of the confrontation clause can be excluded or impeached.

Appeal the conviction

If constitutional violations affected the trial outcome, the conviction can be reversed on appeal. The case goes back for a new trial or is dismissed depending on the nature of the error.

Post-conviction petition

Ineffective assistance of counsel and newly discovered Brady violations (the prosecution withholding evidence favorable to the defense) are raised through a habeas corpus petition (a petition challenging the legality of custody) after the direct appeal is exhausted.

Expose bias and discrimination

Batson challenges during jury selection, equal protection arguments against selective prosecution, and evidence of racial profiling during the stop or arrest.

Constitutional rights questions

Common questions about your rights when facing criminal charges in Nevada.

Frequently asked questions

The remedy depends on which right was violated and when. Evidence obtained through an illegal search can be suppressed (Fourth Amendment). A coerced confession can be excluded (Fifth Amendment). A conviction based on ineffective counsel can be overturned on appeal or through a post-conviction petition (Sixth Amendment). In severe cases, such as pervasive prosecutorial misconduct or systematic violations, the charges themselves can be dismissed.

Yes, in some cases. Dismissal is possible if the violation is severe enough: a coerced confession that was the only evidence, an illegal search that produced all the physical evidence, or vindictive prosecution. More commonly, the specific evidence tainted by the violation is excluded, which may weaken the prosecution's case enough to force a dismissal or a much better plea offer.

A motion to suppress asks the court to exclude evidence that was obtained in violation of your constitutional rights. If the court grants it, the prosecution cannot use that evidence at trial. Common grounds include illegal searches (Fourth Amendment), Miranda violations (Fifth Amendment), and identification procedures that were impermissibly suggestive.

Miranda rights are the warnings police must give you before custodial interrogation: the right to remain silent, that anything you say can be used against you, the right to an attorney, and that one will be appointed if you cannot afford one. They apply when you are (1) in custody and (2) being interrogated. If both conditions are met and no warnings were given, your statements may be suppressed.

Under the Sixth Amendment and Strickland v. Washington, you have the right to competent legal representation. If your attorney's performance fell below the standard of a reasonably competent lawyer and that failure changed the outcome of your case, the conviction can be overturned through a post-conviction petition. This is the most common ground for post-conviction relief in Nevada.

Potentially, yes. Under 42 U.S.C. Section 1983, you can bring a federal civil rights lawsuit against officers who violated your constitutional rights while acting under color of law (using their official authority). Officers have qualified immunity, which can be a barrier, but it does not protect conduct that violates clearly established rights. A civil rights claim is separate from your criminal case. Your defense attorney handles the criminal side, and a civil rights attorney handles the Section 1983 claim.

A Batson challenge (from Batson v. Kentucky) is raised during jury selection when the defense believes the prosecution is using peremptory strikes (juror removals that need no stated reason) to remove jurors based on race, ethnicity, or gender. If the court finds a Batson violation, the improperly struck jurors may be seated or the jury panel restarted. Discriminatory jury selection violates the Fourteenth Amendment's equal protection clause.

The rights themselves are the same. The Fourteenth Amendment incorporates most Bill of Rights protections against state governments. But the procedures for enforcing those rights can differ. State courts apply state rules of criminal procedure alongside constitutional requirements. Federal courts apply the Federal Rules. The constitutional floor is the same, but state courts can provide more protection, not less.

Think your rights were violated?

Constitutional violations are not always obvious. Finding them means reading the reports, the video, and the timeline closely. Call for a free review of your case. If a violation occurred, it can change what evidence the state is allowed to use.

Call 702-990-0190 Text 702-990-0190

Page last updated October 6, 2026. Written by Michael Mee, Nevada Bar No. 13726.

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