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Author Question: Define, compare, and contrast arrest and search warrants. What will be an ideal ... (Read 26 times)

ssal

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on: Aug 13, 2018
Define, compare, and contrast arrest and search warrants.
 
  What will be an ideal response?

Question 2

What is the justification for the exception for searches incident to a lawful arrest? What is the proper scope of such searches?
 
  What will be an ideal response?


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LVPMS

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Reply #1 on: Aug 13, 2018
Answer to Question 1

Arrest warrants are for when officers seek to arrest a suspect for detention. They
do not expire, unless recalled by the court that issued it. They may be executed at
any time, unless exceptions are specified by law. Search warrants are for when
officers look for items to be used as evidence. If not served, a search warrant
usually expires after a period of time specified by law. Some jurisdictions limit the
execution of the warrant to reasonable hours during the day.

Answer to Question 2

There are three justifications for the exception for searches incident to a lawful
arrest. They are (1) to ensure officer safety, (2) to prevent escape, and (3) to
prevent concealment or destruction of evidence. The proper scope of such searches
is the person of the defendant and the area under arrestee's immediate control.


ssal

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Reply #2 on: Aug 13, 2018
Both answers were spot on, thank you once again


LVPMS

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Reply #3 on: Aug 13, 2018
Great! Please up vote :D


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