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Some commentators seem to believe that criminal law and criminal procedure cases should be easy to decide. On the one side are "constitutional" interests; on the other side are a set of amorphous and arguably "nonconstitutional" interests. The individual interests of a defendant or suspect are said to be of "constitutional" stature, recognized and protected primarily in the Bill of Rights, whereas the government's interests are "nonconstitutional" or "subconstitutional" because they are not explicitly guaranteed by the Constitution.
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