habeas corpus
Habeas corpus……. Government must have evidence to question you, hold you, arrest you, charge you, put you on trial, imprison you…..AND you must be shown this evidence……..there are no secret charges based on anonymous tips…….
Perhaps warrants (amendment iv) can be issued to search based on anonymous tips, but that is up to a judge……
Habeas corpus may be suspended in a national emergency…..if this happens, the government does not need evidence to arrest you or hold you…or anything. You have no real protection from the power of the government. All of your Rights, both civil and Natural, can be violated legally!
The concept of probable cause, or reasonable cause (amendment iv) is based on habeas corpus….the state must have evidence of wrong-doing to arrest you on the spot…..or, to get an arrest warrant from a judge….otherwise, your “reasonable expectation of privacy” will have been violated illegally (which, then, violates the due process clause mentioned in amendment v).
Due process (amendment V) basically upholds the principles expressed in habeas corpus…..
If you are on trial(amendment vi), the state must present in open court: all evidence and all witnesses it is using against you….and, it must let you know all that it has before the trial!!!!!!!!!!!
Before even sending you to trial, the government must convince a grand jury (normal people…amendment v) that you should go to trial…..the state must present evidence to convince this grand jury……again, habeas corpus at work…..
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