“ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…”
In defining admissible testimony, rules of evidence also reflect case law relating to the Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law; nor shall private property be taken for public use, without just compensation.
The confession must be given knowingly and not as a consequence of lies or deception.
The suspect must be informed of his or her rights
The confession must be voluntary
Confessions may not be obtained through threats
Confessions may not be obtained through use of pain or through constructive force, such as beating up one suspect in front of another and telling the second suspect that he or she is next if a confession is not forthcoming