Chavez v. Martinez case 538 U.S. 760, S.Ct. 1994

Introduction

The purpose of writing this paper is to elaborate the Fifth Amendment of the US constitution because the case selected for the review has a close linkage with the amendment. The following case is of Chavez v. Martinez. The following case is considered as an eye opener for the society where the Fifth Amendment is neglected. The background of the case is that Martinez was riding his bicycle while going home from his work place, and in the way he was stopped by the police officer who was actually investigating the narcotics violations in the surroundings. During the investigation, the police officers tried to handcuff Martinez and during this course, he was shot down by the police officers. The bad luck of Martinez was that due to wound he faced the permanent paralysis and also lost his vision. Later on, as he gets stable, he filed a case against the officers and sued them. The further details of the case are discussed below (Case Briefs).



Discussion

During the case, the respondent Martinez was interrogated by the petitioner Chavez, who was the patrol supervisor at that time. During the case procedure, the Martinez admitted that he used heroine and during that course he was wounded by the gunshot of the police officer. The main reason behind the filing the case was that Martinez was of the view that he was not given any Miranda warnings. Martinez was of the view that he was never charged of the crimes never charged of the crime due to the statements but Chavez violated the the fifth amendment by not giving the rights and thus causing a serious tension to the case proceedings. Therefore, the author is of the idea that violation of the fifth amendment was ...