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 144 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?

Green tea is able to stop the scent of garlic or onion from causing bad breath.

Did you know?

Eating food that has been cooked with poppy seeds may cause you to fail a drug screening test, because the seeds contain enough opiate alkaloids to register as a positive.

Did you know?

All adults should have their cholesterol levels checked once every 5 years. During 2009–2010, 69.4% of Americans age 20 and older reported having their cholesterol checked within the last five years.

Did you know?

Elderly adults are at greatest risk of stroke and myocardial infarction and have the most to gain from prophylaxis. Patients ages 60 to 80 years with blood pressures above 160/90 mm Hg should benefit from antihypertensive treatment.

Did you know?

In women, pharmacodynamic differences include increased sensitivity to (and increased effectiveness of) beta-blockers, opioids, selective serotonin reuptake inhibitors, and typical antipsychotics.

For a complete list of videos, visit our video library