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An officer arrested a juvenile at 1:00 a.m. for "prowling" and curfew violations. The officer intended only to drive the minor home in his patrol car and release him to his parents. The officer handcuffed the minor and searched him, finding cocaine in his backpack. There was no intent to book or incarcerate the minor.
Was the search of the backpack and seizure of narcotics proper? Using the IRAC approach, discuss in detail.
IRAC Grading Rubric:
Issue
The Issue section identifies the area of law that is relevant to the problem question and clearly describes the legal problems that need to be addressed.
Rules
The Rules section identifies the relevant legal principles and their sources of authority. The source of authority will be an Act of Parliament, case law or a combination of both. If there is an Act of Parliament which covers the filed in the area, you need to correctly identify the Act and whether it is a Commonwealth or State Act.
Analysis
The Analysis section considers each legal principle identified in the Rules section and explains its relevance to the facts and how it can be applied or distinguished to support logical arguments about how the Issue will be revealed.
Conclusion
The Conclusion is stated and provides an overview of how the arguments in the Application section address the Issue.
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