Arrests and Searches
Arrests and Searches
Competencies Addressed in This Discussion
Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Introduction
Some things an officer may do after an arrest, according to court decisions, include search the arrestee, search the area of immediate control, search the vehicle the arrestee was riding in, search the passenger compartment, handcuff the arrestee, monitor the person’s movements, and search the arrestee at the place of detention. In United States v. Robinson (1973), the Supreme Court held that “in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment.”
Instructions
In your main post:
Explore justifications for each of the things an officer is allowed to do after an arrest without the need for a warrant.
Establish how certain actions go beyond what you would consider to be acceptable were you the arrestee.
Lay out measures to ensure compliance with legal parameters when working in the criminal justice field.
Establish how courts have interpreted the parameters involved in a search after an arrest, incorporating two cases as points of reference.
Discussion Objectives
The competencies addressed in this discussion are supported by discussion objectives, as follows:
Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
Explore justifications for each of the things an officer is allowed to do after an arrest without the need for a warrant.
Establish how courts have interpreted the parameters involved in a search after an arrest, incorporating two cases as points of reference.
Lay out measures to ensure compliance with legal parameters when working in the criminal justice field.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Establish how certain actions go beyond what is considered to be acceptable in an arrest situation.
Reference
United States v. Robinson, (72-936) 414 US 218 (1973).
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