Has the Fourth Amendment been violated if a police officer disguises himself as a priest, slips into the confessional and listens to your confession?

Asked on July 3, 2012 under Criminal Law, Georgia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

This is quite a drastic measure for an officer to take, but the Fourth Amendment protects you from unreasonable searches and seizures. The Fifth Amendment right to protect yourself against self incrimination would be more applicable here as the officers conduct could be seen as unreasonable and done in a matter that would shock the conscious of a reasonable person. The issue in court would rest upon whether or not you made a confession voluntarily, or whether, due to the officer's conduct you should have been advised of your Miranda Rights prior to making any incriminating statements. 


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