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Textbook: Jerold H. Israel, Yale Kamisar, and Wayne La Fave, Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text (2020)
Read chapter 3
POLICING: Interrogations; Exclusionary Rule
Readings: Textbook Chapters 4 & 6
Assignment: Discussion Forum #2 (pertaining to Chapter 3)
Directions: You must answer the questions thoroughly and cite all relevant assigned readings for that week including the specific page numbers (using APA format).
Your outside sources must be scholarly (e.g., peer-reviewed journals) and/or reputable (e.g., an article from The New York Times, a chapter from another textbook). Please do not refer to or incorporate information from extremely unreliable sources (e.g., Wikipedia, TMZ, blogs). I encourage you to use Nexis-Uni on the library’s website which has access to many more scholarly publications than a regular internet search.
Posts must be respectful, well-written, free of grammatical errors, relevant to the topic, and demonstrate critical thinking and analysis.
Posts must be original and in your own words. Please note that discussion forum posts are subject to review by a plagiarism detection program.
1. After reading Mapp v. Ohio, 367 US 643 (1961) explain the following:
* Which constitutional amendment is at issue in the case, and what right(s) does it encompass?
* What did the United States Supreme Court decide in this case and why?
* The Court has to balance the protection of the rights of individuals against the protection of society. If the police had not searched Mapp’s house they would never have found the obscene material. With this in mind, do you think the individual rights of Mapp or the protection of society should have been weighed more importantly? Explain.
2. Sally hosted a graduation party for her son. She served alcoholic beverages and several minors drank and became drunk and loud. The neighbors complained and two officers went to the party. They arrived at the home and through the window they saw two adults holding a juvenile. The juvenile broke free and punched one of the adults in the mouth. The police entered without a warrant and arrested Sally for Contributing to the Delinquency of a Minor. Was this arrest legal? Explain the legal issues involved including what Constitutional justification is need to make an arrest in public and in a home. What cases from Chapter 3 control is fact scenario?
3. Joe’s neighbors complain to the local police that they suspect Joe is dealing drugs from his home. Police officers monitor Joe’s home and the large amount of traffic going in and out of the house draws their suspicion. The lead detective asks a garbage company to collect Joe’s garbage and bring it straight to them. The company complies and the police find evidence of drug trafficking. The police use this evidence obtained from Joe’s garbage to obtain a search warrant. They execute the warrant and search Joe’s house. The police find a pound of cannabis and charge him with Trafficking in Cannibis. Was the search of Joe’s garbage legal or did the police need a search warrant? Please explain your reasoning. What case from Chapter 3 control this fact scenario?