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Author Question: Can effects be seized? Explain. What will be an ideal response? ... (Read 42 times)

jilianpiloj

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Can effects be seized? Explain.
 
  What will be an ideal response?

Question 2

How has the plain view doctrine been extended by the Supreme Court?
 
  What will be an ideal response?

Question 3

1. Explain the term exceptions as applied to the Fourth Amendment.
 
  What will be an ideal response?

Question 4

Explain the two leading cases that address bodily intrusion during the course of a search.
 
  What will be an ideal response?



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asdfasdf

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Answer to Question 1

Probable cause is required for the seizure of a person if that seizure amounts to an arrest. The same applies to effects, which are usually a person's personal items. If the detention or seizure of a person's effects amounts to an arrest, then probable cause is required.

Answer to Question 2

You just saved me a lot of time. ;)

Answer to Question 3

Boom Correct answer

Answer to Question 4

A well-known example is Rochin v. California, 342 U.S. 165 (1952). In that case, the police had information that a man was selling narcotics. They entered his home and forced their way into his bedroom. When the police asked the man about two capsules that were lying on his bed, he put the capsules in his mouth. The officers could not successfully remove the drugs from the man's mouth, so they took him to the hospital, where his stomach was pumped. Drugs were found and the man was convicted in California state court for possession of morphine.

In another case considering a search through a surgical procedure, Winston v. Lee, 470 U.S. 753 (1985), the Supreme Court decided whether the government could require a bullet to be surgically removed from a suspected robber. The Court required not only that a warrant be obtained before allowing such an intrusion but also that the suspect's safety and privacy interests should be weighed against society's interest in capturing lawbreakers.



jilianpiloj

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Both answers were spot on, thank you once again



asdfasdf

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Great! Please up vote :D



 

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