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Law Enforcement Officer Arrives at the Scene Scenario
An 18-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal’s office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.
Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student’s backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.
The student replies, “What weapon? That’s not my backpack and I never saw that gun before.”
The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement.
The student replies, “No, I want a lawyer.”
Write a 1–2 page paper in which you:
Examine the constitutional amendment or amendments that would relate to this situation.
Outline the appropriate procedures you would need to follow to comply with the associated amendments to ensure admissibility of evidence.
Evaluate the officer’s actions and determine whether his search, the student’s confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.
Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate.
The constitutional amendments that relate to this situation are the Fourth Amendment and Fifth Amendment of the United States Constitution. The Fourth Amendment protects citizens from “unreasonable search and seizures”, while the Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against himself.
To comply with these associated amendments, Officer Smith would need to follow several procedures. First, he must have probable cause or reasonable suspicion for searching the student’s backpack. This can include reports from school staff about suspicious behavior or a credible tip from another source about weapons being present on campus. Once Officer Smith has established probable cause, he can proceed with conducting his search of the backpack as long as it is not overly intrusive or exceeds what is necessary for finding evidence of illegal activity. He should also ensure that proper procedures are followed regarding arresting the student, including reading him his Miranda rights and documenting any statements made by the student during questioning.
Overall, I believe that Officer Smith’s actions were lawful and admissible in this situation. He had valid reason for believing that there was an illegal weapon present on campus; thus providing him with sufficient justification for searching the student’s bag without first obtaining a warrant. Furthermore, since he gave proper warnings to the student before questioning him (i.e., reading his Miranda rights) and documented all statements made by him throughout their interactions then those confessions should hold up in court as well if they are ever called into question by defense counsel during trial proceedings.
In conclusion, when law enforcement officers conduct investigations involving potential violations of constitutional protections such as those stated in Amendments 4 & 5 of our nation’s founding documents then it is important that appropriate steps are followed throughout their entire investigative process so as to protect both citizen’s civil liberties while also ensuring successful prosecution outcomes based upon legally obtained evidence whenever possible.. Sources: US Constituiton (2019). “Fourth” & “Fifth” Amendments Retrieved From: https://constitutionus/amendment4-5/ National Association For Criminal Defense Lawyers (2020). “What Is The Difference Between Probable Cause And Reasonable Suspicion?” Retrieved From: https://www nacdlorg/askanattorney/probablecause