week3 criminal law

Analyze the Cause of Arrest You will be presented with several scenarios, anniversary absolute a altered set of affairs and facts. In each, you charge actuate if an arrest or a apprehension has occurred and if the affirmation acquired is acceptable at trial. Scenario 1 An administrator approaches you and states, "You are beneath arrest." He places you in handcuffs and leads you to his car. While walking, he reads you your Miranda rights and asks you if you accept annihilation to say. The administrator does not specify why you accept been arrested, but you acknowledge to a alternation of bent actions. Has an arrest occurred, and are your statements admissible? Scenario 2 You are chock-full at a abnegation checkpoint on the way home from banquet one night. The administrator speaks with you and determines that you are not intoxicated. Your commuter has collapsed asleep, and the administrator suspects the commuter ability be bagged and wants to analysis his or her age. The administrator makes your commuter avenue the agent and, while speaking, the administrator conducts a frisk. Your commuter has a baby canteen of cocaine in the abridged that is apparent during the frisk. Does an arrest action in this situation, and are the drugs acceptable adjoin either you or the passenger? Scenario 3 You are woken by the badge anguish on your aperture ambitious to be let in. Upon aperture the door, you are cuffed and fabricated to sit on your couch while the badge assassinate a chase warrant. You are accustomed a archetype of the accreditation and apprehension that the abode is for the accommodation beyond the anteroom from yours. You point this out, and the badge apprehend the absurdity and cease their search. Prior to stopping, the badge acquisition several marijuana plants in your closet and appropriate them. Has an arrest occurred here, and are the plants acceptable at trial? Be abiding to specify if an arrest has occurred and why. Also, be abiding to accompaniment accurately why anniversary allotment of affirmation is acceptable or not.

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