After reading the assigned material and reviewing the Supplemental resources, answer the following questions. Remember your word count requirement, source requirements, and due dates (please refer to your Syllabus and Rubrics).
Prompt/Topics to discuss:
1) Fourth Amendment Search and Seizure:
OPINION PIECE: Does the system provide sufficient safeguards against unreasonable searches or does the Fourth Amendment really just make it more difficult for law enforcement to do their job and work to the detriment of law-abiding citizens’ rights to be free from crime? SUPPORT your position thoroughly.
2) Abandoned Property
a. What is the legal concept of Abandoned Property? Describe at least 2 common examples of when law enforcement locates Abandoned Property.
b. What significance does Abandoned Property have in the criminal justice field regarding Fourth Amendment protections? Why is this crucial for law enforcement to understand – how can this help them?
c. Does the value of an object have any bearing on the question of whether a person abandoned it? Can a person who runs away from their vehicle to avoid apprehension by the police be said to give up all reasonable expectations of privacy in the vehicle? What if the person locks the car before fleeing? What can law enforcement do? SUPPORT YOUR ANSWERS.
3) Motor Vehicle Exceptions
a. Are there any situations in which a warrant is required to search a motor vehicle? In reality, isn’t the warrant requirement the exception rather than the rule in automobile cases? Fully explain your answer.
b. Application: Assume that a person is arrested for DUI late at night while driving home alone. He tells the police that he does not want his car impounded and that a friend will pick up the car sometime the next day. He says he will sign a paper absolving the police from any liability for any loss or damage to the car or its contents.
Can the police still impound the car? If so, how legally? What does this allow them to do in the way of searching the vehicle?
*** This assessment is one of the learning objectives that PSC uses to evaluate our Criminal Justice Department. To stay consistent with other courses that have this same learning objective measured, we use the same rubric. Therefore this discussion is based on a 60-point score.