Various Criminal Procedure Questions

Discussion Questions:1. As mentioned in your text, the Fourth Amendment of the Constitution prohibits unreasonable searches andseizures. This being the case, courts prefer officers obtain a search warrant prior to conducting searches ofpremises. There is a great deal of risk associated with conducting a search without first obtaining a searchwarrant. Evidence identified as a result of conducting such as search could potentially be deemed to beinadmissible if the court determines that the officer?s decision to proceed was not sound. In somesituations, the officer could actually be convicted of violating an individual?s Constitutional rights!What are the requirements for warrants as explicitly stated in the Fourth Amendment? Give an example of asituation that would, and another situation that would not, meet each of these requirements.2. In your own words describe Probable Cause and Reasonable Suspicion. Provide examples of when the policemay rely on Reasonable Suspicion or when Probable cause is needed.3. Please compare and contrast when an individual is subject to a stop & frisk as opposed to a search andseizure (without a search warrant). Provide an every day example of the two different concepts. Examinewhether there are times a stop & frisk becomes a seizure and what factors should be considered when makingthat determination.4. Police Officers search suspects home with a valid warrant and locate drugs in the main part of the home.One of the Officers asks the suspect if there are any other drugs in the home ? suspect says ?in my car inthe garage? Officers search the car and locate drugs and handguns ? all of which are seized. ? What if anyitems are admissible in court? Why? If some items are excluded -why?5. Jack and Jill used to live together a couple of weeks ago they got in a fight and Jill moved out. Jill,being a woman scorned, goes to the police and tells them that Jack is dealing drugs out of the apartment.Jill does tell the police that she no longer lives at the apartment but states she still has a key and hasgone back several times and that she and Jack are in the process of reconciling (not true). Jill lets thepolice in the apartment where they see in plain view numerous drugs, scales and money all of which theyseize. You?re the Judge ? do you admit or exclude the evidence and why?6. Please read the following articles and then address the issues in your conference postings.http://www.washingtonpost.com/local/2011/10/18/gIQAL8UovL_story.html Read the article ? Looking at the factsin this article there are numerous actions taken by the police and the suspect. As our concepts for week 3include many exceptions to search warrants Identify where it appears the police conducted a search without awarrant and what if any exception you believe it falls under. What actions did the police take that youbelieve would require a warrant or court order? Week 4 centers on 5th and 6th Amendments (protection againstself incrimination and right to counsel, speedy trial, confrontation of witnesses, impartial jury) Whatrights does it appear that the suspect has invoked?7.http://abcnews.go.com/US/missing-baby-lisa-17-hour-search-family-home/story?id=14779537 (feel free to readother articles as well about baby Lisa) Looking at this article: What kinds of searches have been conductedat this home? Why do you think more than one search was necessary? What 5th or 6th amendment rights have themother or father invoked? What rights haven?t they invoked (and maybe should have) If you were working theinvestigation ? what if any searches would you want to conduct?8. In Neil v. Biggers (1972), the Court determined that identification procedures must be fair. To determinewhether procedures are fair, courts must consider all the circumstances leading to identification. Discusswhat circumstances should be considered in determining fairness (when possible, use hypothetical or realexamples). Why are these circumstances important in determining the fairness of an identification procedure?9. The right to counsel and to due process apply in lineups, show-ups, and photographic identifications, butthe rights to protection against unreasonable searches and seizures and self incrimination do not apply.Discuss the reasoning as to why the Court applies the first two but not the last two. Does the Court?sreasoning makes sense? Support your answer.10. Please Review the Below Articles ? Do you think these recent cases have changed the basic principlebehind Miranda- why or why not? Where do you think the Supreme Court is going with the current Mirandarulings Ruling on Miranda and Prisonhttp://www.nytimes.com/2012/02/22/us/supreme-court-rules-on-case-involving-miranda-rights.html?_r=0 Right toRemain Silent & Miranda http://www.azcentral.com/news/articles/2010/06/02/20100602scotus-miranda0602.html11. Please review the following article. Do you think the Court was correct in allowing the confession to beadmitted? Why or Why not? Be sure to explain your reasoning based on the legal concepts of confessionshttp://www.mlive.com/news/flint/index.ssf/2012/10/appeals_court_says_14-year-old.htmlWE ARE A LEADING RESEARCH FIRM OFFERING AFFORDABLE RESEARCH SERVICES TO STUDENTS ON ALL SUBJECTS. ORDER NOW AND GET YOUR PAPER IN AS LITTLE AS 3 HOURS!!

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