Weapon discovery were lawful or admissible

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Reference no: EM132606099

Assignment : The Rights of Citizens

It is important to understand your responsibilities as a criminal justice professional when engaging with citizens. This assignment is broken into three (3) parts and you must complete each part of the assignment. Each part includes a text or video scenario to which you will respond by writing a one to two (1-2) page paper for each scenario that examines specific information regarding the events using your knowledge of the Constitution.

Part I: Law Enforcement Officer Arrives at the Scene Scenario

An eighteen-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal's office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.

Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student's backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.

The student replies, "What weapon? That's not my backpack and I never saw that gun before."

The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement.

The student replies, "No, I want a lawyer."

Examine the Constitutional Amendment(s) that would relate to this situation.

Outline the appropriate procedures you would need to follow to comply with the associated Amendments to ensure admissibility of evidence.

Evaluate the officer's actions and determine whether his search, the student's confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.

Reference no: EM132606099

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