The Rights Of Citizens

It is important to understand your responsibilities as a criminal justice professional when engaging with citizens. This piece is broken into three parts and you must complete each part. Each part includes a text or video scenario to which you will respond by writing 1-2 pages for each scenario that examines specific information regarding the events using your knowledge of the United States Constitution. Instructions Part 1: Law Enforcement Officer Arrives at the Scene Scenario An 18-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal's office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus. Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student's backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus. The student replies, "What weapon? That's not my backpack and I never saw that gun before." The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement. The student replies, "No, I want a lawyer." Write 1-2 pages in which you: Examine the constitutional amendment or amendments that would relate to this situation. Outline the appropriate procedures you would need to follow to comply with the associated amendments to ensure admissibility of evidence. Evaluate the officer's actions and determine whether his search, the student's confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion. Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time Consider using Cornell Law's LII U.S. ConstitutionLinks to an external site. (https://www.law.cornell.edu/constitution/index.html). Note: Wikipedia and similar websites do not qualify as academic resources. Part 2: Arrest and Trial Scenario Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police meet Tyler at the airport when he arrives from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for him. He also admits that he was with her the night of the alleged murder. Tyler is transported to the local jail and booked. The prosecutor files charges of first degree murder against Tyler. Tyler does not waive his rights to a speedy trial. He asks that an attorney be appointed and demands a trial by jury. Write 1-2 pages in which you: Examine the constitutional amendment or amendments that would relate to this situation. Identify and discuss four elements of arrest. Describe the appropriate procedures to comply with Tyler's rights to due process. Examine any consequences that might occur if his right to due process is violated.

Sample Solution

Law Enforcement Officer Arrives at the Scene Scenario

Constitutional Amendments

The following constitutional amendments would relate to this situation:

Fourth Amendment: The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that law enforcement officers cannot search a person's belongings or property without a warrant or probable cause.
Fifth Amendment: The Fifth Amendment protects individuals from self-incrimination. This means that law enforcement officers cannot force an individual to make a statement against their will.

Full Answer Section

Sixth Amendment: The Sixth Amendment guarantees individuals the right to an attorney. This means that individuals have the right to have an attorney present during questioning and at trial.

Appropriate Procedures The following are the appropriate procedures that Officer Smith should follow to comply with the associated amendments to ensure admissibility of evidence:

Search: Officer Smith had probable cause to search the student's backpack because the school security guard had informed him that a gun had been discovered inside. However, Officer Smith should have obtained a warrant from a judge before searching the student's backpack. This is because the backpack was a personal belonging that the student had a reasonable expectation of privacy in.
Confession: Officer Smith should have read the student his Miranda warning before questioning him. The Miranda warning informs individuals of their constitutional rights, including the right to remain silent and the right to an attorney. Officer Smith should not have continued to question the student after the student had invoked his right to an attorney.
Weapon Discovery: The weapon that Officer Smith discovered in the student's backpack was admissible in court because Officer Smith had probable cause to believe that the student was carrying a concealed weapon on campus.

Evaluation of Officer's Actions Officer Smith's search of the student's backpack without a warrant was unlawful. However, the weapon that Officer Smith discovered in the student's backpack was still admissible in court because Officer Smith had probable cause to believe that the student was carrying a concealed weapon on campus. Officer Smith's failure to read the student his Miranda warning before questioning him was also unlawful. However, the student's confession was still admissible in court because the student made the confession after he had arrived at the jail and had been booked. This means that the student was no longer in custody at the time of the confession. Rationale The Fourth Amendment protects individuals from unreasonable searches and seizures. A search is considered to be unreasonable if it is conducted without a warrant or probable cause. In this case, Officer Smith had probable cause to search the student's backpack because the school security guard had informed him that a gun had been discovered inside. However, Officer Smith should have obtained a warrant from a judge before searching the student's backpack. This is because the backpack was a personal belonging that the student had a reasonable expectation of privacy in. The Fifth Amendment protects individuals from self-incrimination. This means that law enforcement officers cannot force an individual to make a statement against their will. In this case, Officer Smith should have read the student his Miranda warning before questioning him. The Miranda warning informs individuals of their constitutional rights, including the right to remain silent and the right to an attorney. Officer Smith should not have continued to question the student after the student had invoked his right to an attorney. The Sixth Amendment guarantees individuals the right to an attorney. This means that individuals have the right to have an attorney present during questioning and at trial. In this case, the student did not invoke his right to an attorney until after he had arrived at the jail and had been booked. This means that the student's confession was made after he was no longer in custody and was therefore admissible in court. Conclusion Officer Smith's search of the student's backpack without a warrant was unlawful. However, the weapon that Officer Smith discovered in the student's backpack was still admissible in court because Officer Smith had probable cause to believe that the student was carrying a concealed weapon on campus. Officer Smith's failure to read the student his Miranda warning before questioning him was also unlawful. However, the student's confession was still admissible in court because the student made the confession after he had arrived at the jail and had been booked.

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