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Author Question: What types of searches are permissible and not permissible as incident to a lawful arrest in ... (Read 143 times)

tnt_battle

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on: Aug 16, 2018
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?


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popopong

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Reply #1 on: Aug 16, 2018
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

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Reply #2 on: Aug 16, 2018
Both answers were spot on, thank you once again


popopong

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Reply #3 on: Aug 16, 2018
Great! Please up vote :D


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