This topic contains a solution. Click here to go to the answer

Author Question: What types of searches are permissible and not permissible as incident to a lawful arrest in ... (Read 69 times)

tnt_battle

  • Hero Member
  • *****
  • Posts: 556
What types of searches are permissible and not permissible as incident to a lawful arrest in someone's home? Provide examples.
 
  What will be an ideal response?

Question 2

In Michigan v. Chesternut, 486 U.S. 567 1988, the Supreme Court held that the appropriate test to determine if a seizure has occurred is whether a reasonable person, viewing the particular police conduct as a whole and within the setting of all the surrounding circumstances, would have concluded that the police had in some way restrained a person's liberty so that he or she was not free to leave. Do you agree? Provide examples of situations to support your argument.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

popopong

  • Sr. Member
  • ****
  • Posts: 307
Answer to Question 1

Searches incident to a lawful arrest in someone's home that are permissible include a
full body search (including searching all pockets in clothing), search of the area of
immediate control of the arrestee (including under the cushions of the couch where
the arrestee is sitting), and search of the drawers in the coffee table in front of the
couch.

Answer to Question 2

I agree with the Court's decision. An example is when police in black SWAT
uniforms with rifles surround a group of people that had been protesting. Another
example is when police had persons lay on the ground with their hands in plastic ties
behind them at the scene of a shooting.



tnt_battle

  • Hero Member
  • *****
  • Posts: 556
Both answers were spot on, thank you once again



popopong

  • Sr. Member
  • ****
  • Posts: 307

 

Did you know?

Computer programs are available that crosscheck a new drug's possible trade name with all other trade names currently available. These programs detect dangerous similarities between names and alert the manufacturer of the drug.

Did you know?

A good example of polar molecules can be understood when trying to make a cake. If water and oil are required, they will not mix together. If you put them into a measuring cup, the oil will rise to the top while the water remains on the bottom.

Did you know?

According to the Migraine Research Foundation, migraines are the third most prevalent illness in the world. Women are most affected (18%), followed by children of both sexes (10%), and men (6%).

Did you know?

Once thought to have neurofibromatosis, Joseph Merrick (also known as "the elephant man") is now, in retrospect, thought by clinical experts to have had Proteus syndrome. This endocrine disease causes continued and abnormal growth of the bones, muscles, skin, and so on and can become completely debilitating with severe deformities occurring anywhere on the body.

Did you know?

Each year in the United States, there are approximately six million pregnancies. This means that at any one time, about 4% of women in the United States are pregnant.

For a complete list of videos, visit our video library