Be sure to address the following:
Identify types of authorized arrests; differentiate between acceptable and unacceptable
police action, during and before an arrest; determine if the arrest is a proper seizure of
persons under the Fourth Amendment. Is the evidence collected by the arresting officer
admissible or non-admissible? Explain your answer.
THE READING IS--------------------------------------...
Arrest Topic
In March of 2005, the Tempe Police Department arrested Jeff Barnes for possession of heroin near the intersection of McClintock and Lakeshore, around 10:00 p.m.—his second arrest near this area in the past few months. Pending trial, the court released him, mandating he was not to come within two blocks of the location.
In late July of 2005, Officer Christina Pace was patrolling this same area around 10:30 p.m. The officer located Mr. Barnes sitting in his vehicle within the area of McClintock and Lakeshore, and called for backup. As Officer Pace pulled behind the vehicle, Mr. Barnes attempted to leave the area, unsuccessfully. He was apprehended and placed under arrest; handcuffs were used and Miranda rights were read.
Conducting a search of Mr. Barnes’s person, Officer Pace found a small bag of marijuana, lose change, and some cigarettes. Another officer’s search of Barnes’s vehicle yielded a small bag of heroin and syringes, which were found after prying open a locked glove compartment. The officers searched the area around the vehicle and subsequent block while Barnes remained in custody. Finding no other evidence, Officer Pace transported Mr. Barnes to the stationhouse.
Tags: