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Arrest and Search Constitutional Considerations Questions

Arrest and Search Constitutional Considerations Questions


  1. Sally hosted a graduation party for her son.  She served alcoholic beverages and several minors drank and became drunk and loud.  The neighbors complained and two officers went to the party.  They arrived at the home and through the window they saw two adults holding a juvenile.  The juvenile broke free and punched one of the adults in the mouth.  The police entered without a warrant and arrested Sally for Contributing to the Delinquency of a Minor.  Was this arrest legal?  Explain the legal issues involved including what Constitutional justification is need to make an arrest in public and in a home.  What cases from Chapter 3 control this fact scenario?
  2. Joe’s neighbors complain to the local police that they suspect Joe is dealing drugs from his home.  Police officers monitor Joe’s home and the large amount of traffic going in and out of the house draws their suspicion.  The lead detective asks a garbage company to collect Joe’s garbage and bring it straight to them.  The company complies and the police find evidence of drug trafficking.  The police use this evidence obtained from Joe’s garbage to obtain a search warrant.  They execute the warrant and search Joe’s house.  The police find a pound of cannabis and charge him with Trafficking in Cannabis.  Was the search of Joe’s garbage legal or did the police need a search warrant?  Please explain your reasoning.  What case from Chapter 3 control this fact scenario?
  3. You are in charge of a narcotics task force, and you and your team suspect Perpetrator A is trafficking in fentanyl from their residence.  You have no direct evidence to establish probable cause.  What investigative steps do you recommend that your team take for the purpose of building sufficient probable cause to obtain a search warrant?  Explain the type of evidence that you are looking for, and why.  

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