Discussion Post – Search and Seizure
Chapter 8 and 9 in my text. No Plagiarism. I live in Montana, so the cases need to come from there. Here are 2 examples you could use involving DUI’s.
November 17, 2017
April 29, 2003
Please hit distinguished marks on the scoring guide, References are mandatory.
The Fourth Amendment provides baseline protections that impact procedures for arrests. Understanding how the amendment has been interpreted by courts is integral to ensuring procedural compliance. If there are procedural errors, the case can be significantly impacted. Let’s explore. Some police officers are fond of saying that if they watched any car drive for five minutes, they could find an infraction that would justify pulling the vehicle over. Many DUI detentions occur after 11 p.m. on citations that would not be considered worthy of action in the daytime. At night, an officer will stop a vehicle on the premise of a traffic infraction when the real purpose is to check for alcohol consumption and make a DUI arrest. Your police department is going to initiate this practice starting tonight on your shift, due to several DUIs with fatalities over the last week.
- Describe how you would look to the legislative branch and how you would look to the judicial branch for guidance to determine if there are any problems with the arrests you have been making.
- Using Lexis to research for your state, locate two cases that provide insight into the legality of the arrests based on Fourth Amendment interpretation.
- Summarize the holdings from the cases and how you think the holdings apply to the scenario.
- Explain the adjustments you would make, if any, based on your research. If you would not make any adjustments, explain your rationale.
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2 hours ago
In the effort to determine the legality of the proposed operations by the police department of Montana, the legislative branch would provide laws regarding the privacy of drivers and respect for their cars as private properties. Also, the state legislature is the organ of government that would give the statues and traffic codes that can be used for determining the various driving infractions that can be used to justify the stop before subjecting the drivers to the field sobriety test. The explanation of the procedural conduct of the officers of the police department during this operation is considered the responsibility of the court. It is the institution that would provide the interpretations to the actions of the officer and driver within the context of all the laws, codes, and statutes governing the interactions during the stop (McInnis, 2010)……….
APA 597 words