Procedural due process is not actually written into the Fourth Amendment or specifically mentioned in the Fifth and Fourteenth Amendments, but is inferred. The Fourth Amendment observes that individuals are secure from “unreasonable searches and seizures.” It also states that in criminal cases “no Warrants shall issue, but upon probable cause.”
Thus, prior to a searching a person’s home and evidence found that might link them to a crime and result in the seizure of an individual, there must be probable cause. The Fifth Amendment describes generally how criminal cases against a person proceeds and includes the phrase “due process of law.”
The Fifth Amendment states in full, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The amendment is careful to note that a person must not be deprived their liberty interest without due process of law. If a person is guilty after a trial, then he/she can be subject to the loss of their liberty interests as defined in the United States Constitution. This is often the case with a criminal conviction, as defendants’ stand to lose many rights and privileges that most of us take for granted.