Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures Due Week 6 and worth 100 points Officer
Jones asked the neighborhoods regular trash collector to put the
content of the defendants garbage that was left on the curb in plastic
bags and to turn over the bags to him at the end of the day. The trash
collector did as the officer asked in order to not mix the garbage once
he collected the defendants garbage. The officer searched through the
garbage and found items indicative of narcotics use. The officer then
recited the information that was obtained from the trash in an affidavit
in support of a warrant to search the defendants home. The officer
encountered the defendant at the house later that day upon execution of
the warrant. The officer found quantities of cocaine and marijuana
during the search and arrested the defendant on felony narcotics
charges. Write a one to two (1-2) page paper in which you: Identify the constitutional amendment that would govern Officer Jones actions. Analyze the validity and constitutionality of officers Jones actions. Discuss
if Officer Jones actions were justified under the doctrines of plain
view, abandonment, open fields, or border searches. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: This course requires use of Strayer Writing Standards (SWS) .
The format is different than other Strayer University courses. Please
take a moment to review the SWS documentation for details. Include
a cover page containing the title of the assignment, the students
name, the professors name, the course title, and the date. The cover
page and the reference page are not included in the required assignment
page length. The specific course learning outcomes associated with this assignment are: Research and analyze procedures governing the process of arrest through trial. Critically
debate the Constitutional safeguards of key Amendments with specific
attention to the 4th, 5th, 6th, and 14th Amendments. Describe the difference between searchers, warrantless searches, and stops. Write clearly and concisely about the criminal procedure using proper writing mechanics. Click here to view the grading rubric for this assignment.
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