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Author Question: The particularity clause of the warrant requirement is different for arrest warrants than search ... (Read 51 times)

dejastew

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on: Aug 17, 2018
The particularity clause of the warrant requirement is different for arrest warrants than search warrants. Explain this clause and when it is required for each type of warrant.
 
  What will be an ideal response?

Question 2

Identify and discuss the permissible level of force to affect an arrest?
 
  What will be an ideal response?


ryhom

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Reply #1 on: Aug 17, 2018
Answer to Question 1

Answer: Good answers will explain the definition of particularity. Students should explain what is required for an arrest warrant - the name of the person or when the suspect is not known (a John Doe warrant to be issued). The requirements for search warrants including the specific place to be search and the particular items to be seized. With regards to search warrants, students should also include two landmark court cases associated with them: Maryland v. Garrison and Andresen v. Maryland.

Answer to Question 2

Answer: Good answers will discuss the use of necessary force to gain suspect compliance during an arrest. The use of nondeadly force (Graham v. Connor) and deadly force (Tennessee v. Garner) should be thoroughly discussed. Students should identify know under what circumstances deadly force is allowed (when the crime in question is a felony and when such force creates no substantial risk to innocent persons, and the officer reasonably believes that there is a substantial risk that the fleeing felon will inflict harm on other people or police officers) and the general rules applying to the use of force (test of objective reasonableness to decide when excessive force is used. This requires focusing on what a reasonable police officer would do without regard to the officers underlying intent or motivation).


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