Administration of Justice and Constitutional Law (Essay Sample)

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Administration of Justice and Constitutional Law
Page 140.
1 When may the police arrest a suspect without a warrant?
The majority of arrests that are made by police officers are made without a warrant. A police officer may arrest a suspect without a warrant when any of the following has taken place2:1.The person to be arrested has committed a felony or misdemeanor in the officer’s presence.2.The person to be arrested has committed a felony not in the officer’s presence.3.A felony has been committed and the officer has probable cause to be- lieve that the person to be arrested has committed it.4.The officer has reasonable grounds to believe that a felony has been or is being committed and has probable cause to believe that the person to be arrested has committed it or is committing it.
Page 141.
2 What does it mean to say probable cause is an issue of law?
The Court has further stated that the facts and circumstances that lead to an arrest or a seizure must be sufficient to persuade a rea- sonable person that an illegal act has been or is being committed. Probable cause is an issue of law and therefore the final determiner of whether probable cause exists is a judge, not the police officer.
Page 143.
3 Since 1968, what level of suspicion is necessary to detain an individual?
Reasonable suspicion can be defined as the level of evidence that police officer needs in order to justify the detention of an individual who is suspected of engaging in criminal activity. The officer must be able to articulate that the suspicion was reasonable and may do so based upon their training and experience. The criminal activity being investigated may be past, present, or future activity. A mere hunch is not sufficient; they must be able to articulable their suspicion.
Page 150.
4 Describe the “Carroll Doctrine.”
The Carroll case established what is known as the “Carroll doctrine” or the “mobility doctrine.” The “Carroll doctrine” states that because vehicles are mobile, police cannot routinely obtain search warrants for them and therefore, if the officer has probable cause that a crime has been committed, they may search without a warrant.
Page 151.
5 What impact did the US Supreme Court case of Arizona v. Gant have on vehicle searches?
It led to the ruling that the police officers can conduct a search of passenger compartment of a vehicle incident in relation to the recent incident of the arrest of the occupant only if it is reasonable to believe that the suspect might gain access the vehicle during the time of the search or the vehicle may contain evidence concerning the offense of the arrested suspect (Vick, 151).
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Page 145.
6 Which US Supreme Court case created the exclusionary rule?
The exclusionary rule states that any evidence that is illegally seized by the police will be inadmissible in a criminal trial. The exclusionary rule was first introduced by the U.S. Supreme Court in the 1914 case of Weeks v. U.S.9 This case established the exclusionary rule for federal agents and the federal court system.
Page 152.
7 What are the actual Miranda warnings?
The Miranda Rights are required to be given to a suspect prior to any questioning when the suspect is going