Axia Cjs Lawful Search and Seizure

Topics: Fourth Amendment to the United States Constitution, United States Constitution, Arrest Pages: 2 (552 words) Published: June 20, 2010
Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o   Was the suspect’s Fourth Amendment rights violated?  
•        Was it reasonable?
•        Was there probable cause?
 
o   What evidence in the case study led you to this conclusion? o   What about the arrest was conducted in a proper manner? In an improper manner? o   When did the police issue the Miranda rights? Was this done correctly? Why is it important for the police to read Miranda rights to an individual being arrested? o   Were the police able to conduct a lawful interrogation on the suspect? Explain why or why not.  

•        Post your assignment as an attachment. •        APA formatting is required: Title page, double space, size 12 font, citations and references.  
The police did not conduct a lawful search and seizure under the guidelines set forth in the Fourth Amendment. The Fourth Amendment states that search and seizure can occur during an arrest warrant that is being carried out but the "the area within control" of the suspect. The area within control was eventually decided as being the reach of arms length from the suspect. This is a lawful act designed to prevent the suspect from engaging in dangerous behavior towards others and also for the protection of any evidence the suspect may attempt to destroy. The suspect was not at the dwelling when officers arrived therefore no search and seizure should have taken place. Police officers were notified that the suspect was not present upon arrival and entry of the home. There were no reasonable causes for police to suspect that items dangerous to themselves were inside the home.

The fourteen year old girl was not the legal owner or person responsible for the home, therefore permission from her was invalid. In addition, she did not give...
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