Unjustified Questioning and Searches - Essay Example

Chapter 1 candidly and comprehensively introduces the law by defining it and its significance in contemporary society.  It specifies that criminal courts are the core of the criminal justice system and have the primary missions of providing authorities for regulating crime, protecting the rights of individuals accused of crimes, and administering justice in a non-discriminatory and unprejudiced manner. It acts to protect the weak from being harassed by the strong as it regards all individuals as equal (equality before the law).

Consequently, felonies and searches incident to legalized arrest are excluded from the 4th amendment.

In a legal proceeding, equity between the victim and the offender and the rule of law must be upheld. The present form of jurisprudence exists to inform about imperative aspects of criminal justice including their rights, responsibilities, and trial forms such as trial by compurgation and trial by battle. Commonly, police officers must produce a warrant of arrest when arresting a suspect, and prosecution action follow unless the charge(s) against the individual is dismissed. Miranda requires that the police inform a person in custody of their right to remain silent during a criminal proceeding and inform them that anything said might be used as evidence against them in court.  The chapter presents the case of North v. Russell where the supreme court upheld a layperson’s decision to sentence North to 30 days imprisonment for drunk driving. It considered that the layperson was justified to preside over the case due to the inaccessibility of higher courts.

Chapter 2 explores the rights, responsibilities, and rules governing the use of engine-powered machines and roads. It specifies the occasions under which the police are authorized to conduct an arrest or seizure of a vehicle and its occupants. A pat down is legitimate at a police station if an officer suspects that the suspect is armed, the automobile is an instrumentality of the time, the recent occupant of the vehicle is under arrest, or if the vehicle is impounded. Moreover, a court allows officials to search students who are under their authority without necessarily providing a warrant. The chapter also offers an elucidation and procedures that are predominant in drug, fire, airport, and airport searches. If a criminal is searched and arrested for any offense, Miranda requires that the court hires an experienced lawyer to represent the suspect during the proceedings and notified of their right not to consent.

The author presents the case of United States v. Williams, 2010 U.S. App. LEXIS 22787 where the supreme court ruled that the drug enforcement administration (DEA) had the right to stop and search a vehicle since the DEA authorized them to search. It is a justified search but the DEA officers had to fully acquaint the vehicle occupants with their intention to search the vehicle. The 4th amendment is also ignored in searching an individual crossing a country’s border and immigration officers are justified to search an immigrant without obtaining a warrant. This stands as an important aspect in the chapter as it stipulates that officers can at any time seize an immigrant to control global terrorism and illicit relocation.

Chapter 3 presents the procedure of arrest and the activities that prevails when the victim is in custody. Read More