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Lawful Search Essay Sample

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Lawful Search Essay Sample

The search of the vehicle was lawful because the officer had probable cause to search because of the strong odor of marijuana. The odor gives the officer reason to believe there are drugs in the vehicle. The statement made by Ross that there are drugs at his residence is admissible in court because he was simply asked if there were drugs at his residence, there was no coercion, although Miranda warnings were not given at the time of questioning, the officer asked prior to taking Ross into custody. The arrest of Ross and Rachel was a lawful arrest because of probable cause. The search of the house was lawful because Ross gave his consent to search his residence The search of phoebe was lawful because the search was to ensure the safety of the officers performing the search. . Because of searches incidental to an arrest exception, this gives the officers the right to search Phoebe. The search of the table was lawful because they were looking for drugs and during this search a handgun is discovered. The handgun is loaded and stolen. Phoebe’s statement is admissible because at the time she made the statement she was in custody and Miranda warnings should have been given at the time she was placed under arrest.

If Miranda warnings were not given yet, then her statement could be inadmissible. Phoebes arrest was lawful because she was in possession of illegal narcotics. The inventory search of phoebe was lawful because she was in custody and a search of her property is necessary when being booked. Phoebe’s admission of the heroin being hers is admissible. The marijuana in Ross’ apartment is admissible because he gave consent for the search. The seizure of the papers is not admissible because they were looking for drugs; they were not there to go through any papers. The amount of bail is reasonable because 2 million is an amount that drug traffickers can afford but it is an amount that they could put up and jump bail. The date of the trial does not fall under due process. The date is excessive.

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