Habeas corpus is a petition that can be filed by a person in custody to the court regarding the circumstances of detainment. A detainee can file habeas corpus if he thinks his rights have been violated or there were factual errors surrounding the arrest and detainment, such as a wrong date of arrest, the wrong charges listed on the booking sheet, or the wrong birth date of the offender.

The Fourth Amendment protects individuals against unreasonable searches and seizures, which includes an arrest.

The right to due process is part of the Fifth Amendment. If there was a trial and the offender felt that the jury was biased, the judge had prejudices, or the lawyer did not give the best possible advice, then the inmate can file a habeas corpus on the grounds that he did not have due process.

The Sixth Amendment, the inmate has the right to a speedy and fair trial. The inmate can file a habeas corpus if he/she has factual information that he or she is not getting a speedy or fair trial.

The Eighth Amendment does not allow excessive bail or cruel and unusual punishment. If a prisoner feels that either of these rules has been violated, he can file habeas corpus.

The First Amendment prohibits Congress from enacting laws that diminish our rights of religion, speech, assembly, and printing. It deals with what we are allowed to do, where as the other 3 Amendments refer to our rights dealing with government seizure, detaining, and punishing citizens of the United States.

More Info: www.billofrightsinstitute.org