How do Grand Juries violate the Fourth and Fifth Amendments of the Constitution?
Grand juries violate the Fourth Amendment’s protections against unreasonable search and seizure, and the Fifth Amendment’s guarantees of due process. Today’s grand juries do not safeguard such fundamental rights and are easily subject to abuse.
Because prosecutors can compel people to show up and testify or produce documents to the grand jury without having to show probable cause, their unmonitored subpoena power functions to let them side- step the Fourth Amendment’s protections against unreasonable searches and seizures. One can be sure that the drafters of the U.S. Constitution did not mean for grand juries to short-circuit the Fifth Amendment's due process protections.
Grand juries can also be used to coerce defendants to give up their trial rights and take pleas, both by threatening to indict for more severe charges than are warranted (which we know can be done easily), or by threatening to call a defendant’s loved ones before a grand jury as witnesses.