The Rights Of Citizens

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.  

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.