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 118 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?

It is believed that humans initially contracted crabs from gorillas about 3 million years ago from either sleeping in gorilla nests or eating the apes.

Did you know?

Carbamazepine can interfere with the results of home pregnancy tests. If you are taking carbamazepine, do not try to test for pregnancy at home.

Did you know?

Drying your hands with a paper towel will reduce the bacterial count on your hands by 45–60%.

Did you know?

Historic treatments for rheumatoid arthritis have included gold salts, acupuncture, a diet consisting of apples or rhubarb, nutmeg, nettles, bee venom, bracelets made of copper, prayer, rest, tooth extractions, fasting, honey, vitamins, insulin, snow collected on Christmas, magnets, and electric convulsion therapy.

Did you know?

Individuals are never “cured” of addictions. Instead, they learn how to manage their disease to lead healthy, balanced lives.

For a complete list of videos, visit our video library