Question Description
Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures
Due Week 6 and worth 100 points
OfficerJones asked the neighborhood’s regular trash collector to put thecontent of the defendant’s garbage that was left on the curb in plasticbags and to turn over the bags to him at the end of the day. The trashcollector did as the officer asked in order to not mix the garbage oncehe collected the defendant’s garbage. The officer searched through thegarbage and found items indicative of narcotics use. The officer thenrecited the information that was obtained from the trash in an affidavitin support of a warrant to search the defendant’s home. The officerencountered the defendant at the house later that day upon execution ofthe warrant. The officer found quantities of cocaine and marijuanaduring the search and arrested the defendant on felony narcoticscharges.
Write a one to two (1-2) page paper in which you:
- Identify the constitutional amendment that would govern Officer Jones’ actions.
- Analyze the validity and constitutionality of officer’s Jones’ actions.
- Discussif Officer Jones’ actions were justified under the doctrines of plainview, abandonment, open fields, or border searches.
- Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
- This course requires use of Strayer Writing Standards (SWS).The format is different than other Strayer University courses. Pleasetake a moment to review the SWS documentation for details.
- Includea cover page containing the title of the assignment, the student’sname, the professor’s name, the course title, and the date. The coverpage and the reference page are not included in the required assignmentpage length.
The specific course learning outcomes associated with this assignment are:
- Research and analyze procedures governing the process of arrest through trial.
- Criticallydebate the Constitutional safeguards of key Amendments with specificattention to the 4th, 5th, 6th, and 14th Amendments.
- Describe the difference between searchers, warrantless searches, and stops.
- Write clearly and concisely about the criminal procedure using proper writing mechanics.
Click here to view the grading rubric for this assignment.
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