Create a new account

It's simple, and free.

Search & Seizure

A. If objects are in plain view, an officer can conduct a search and seizure without a warrant. In this case, the suspect allowed the officer into his home, where the suspect items were in plain vie. (CRIMINAL PROCEDURE: CONSTITUTION AND SOCIETY {Arizona v. Hicks (1987}).

B. This is an illegal search, conducted without permission and without a warrant. The search was "per se unreasonable." (CRIMINAL PROCEDURE: CONSTITUTION AND SOCIETY {Schneckloth v. Bustamonte (1973)}).

C. The suspect's mother gave Officer Shield permission to search her son's room and therefore any evidence she finds there pertaining to the robbery is admissible in court.

D. If Officer Shields finds the items from the robbery in the trash can in the alley behind Riff's house, this is circumstantial evidence only.

E. If the officer finds the items from the robbery long the property line between Riff's house and the house of the witness, Betty Biddy, this is again circumstantial evidence, and since he searched the area the day after the robbery with Betty Biddy and the bag was gone, this is suspicious evidence.

F. If Officer Shields sees Riff coming out of the market carrying a money bag and hammer, and the lock on the market door has clearly been smashed, he has evidence to arrest Riff. If he places Riff under arrest, then he has the right to search and seize the bag and its contents so this evidence would be admissible in court.

G. If Officer Shield stops Riff's vehicle for failing to stop on leaving the alley, he only has the right to search and seizure if he has permission, if he has probable cause, and he sees something suspicious in plain sight. He does not have probable cause for this search, so the evidence would be inadmissible in court.

(CRIMINAL PROCEDURE: CONSTITUTION AND SOCIETY {Schneckloth v. Bustamonte (1973)}

H. If Officer Shield enter's Riff's house with an arrest warrant and makes the arrest, he has the r...

Page 1 of 2 Next >

More on Search & Seizure...

Loading...
APA     MLA     Chicago
Search & Seizure. (1969, December 31). In LotsofEssays.com. Retrieved 08:52, April 19, 2024, from https://www.lotsofessays.com/viewpaper/1705752.html