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Search / Search warrant and exceptions
The police had probable cause to believe Alan was involved in a robbery. The police saw Alan in a car driving by. They stopped the car and arrested him without an arrest warrant. Alan claims that the police arrest was illegal. Was the police arrest illegal?
After the police arrested Alan, they handcuffed him. The police then conducted a search of the car based on search incident to arrest doctrine. They opened the trunk and found diamond rings robbed from the store. They opened the glove compartment and found a bag of cocaine. According to Arizona v. Gant, was the search justified? Make sure you discuss the circumstances under which the police may conduct a search under search incident to arrest doctrine when the arrested person was a recent occupant of a vehicle and how the doctrine would apply to the above case scenario.
The police had obtained an arrest warrant for Bill’s arrest. Bill was suspected of committing a robbery. The police went to Bill’s home to make the arrest. They arrested Bill in the family room. They asked Bill whether they could search the house, Bill said “no.” But the police searched the house anyway. In the basement, the police found items robbed from the store. Is the search justified? Can the stolen items be used as evidence against Bill?
The police had probable cause to believe Charlie had several stolen iPads in his car. The police stopped Charlie’s car and searched the car without a search warrant. The police opened the trunk and found two iPads. They then opened a backpack in the car. In it, they found another two stolen iPads. Charlie contests that the police search was illegal. Discuss whether the police search was legal or illegal. Make sure you address all relevant issues.
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