Arrest and Trial Scenario
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Examine the Constitutional Amendment(s) that would relate to this situation.
The Constitutional Amendments are the 4th and 14th amendments to the constitution.
Identify and discuss four (4) elements of arrest.
One of the elements of arrest is intent. This entails determining the presence of a will in the act that leads to a crime. The other element is authority. This element gives police officers the power to put citizens under arrest. Seizure or detention is also another element. Seizure occurs when the officer making the arrest involves the utilization of hands or firearms to arrest the suspect. Detention is said to have taken place as soon as the arrested person submits to the officerβs control. The last element is understanding-of the individual being arrested. Via either words-like βyou are now under arrestβ or via actions like forcibly subdued by the police, handcuffed, and put in a patrol car. This understanding may be absent if the individual is unconscious, intoxicated or insane.
Identify and discuss the Constitutional Amendments that would relate to this situation.
The fourth amendment requires law enforcement officers to issue warrants of arrest upon probable cause, supported by affirmation or oath. The 14th amendment prohibits the deprivation of freedom, life or property to citizens without due process of law.
Describe the appropriate procedures to comply with Tylerβs rights to due process.
The procedures are:
i. The arresting officer is required by the law to establish probable cause that is satisfactory to the judge as to the reason why the Tyler should be arrested
ii. The arresting officer should provide situations and facts to the best of his/her knowledge that the suspect (Tyler) has carried out the crime
iii. The arresting officer should take an affirmation or oath to swear that the situations and facts presented to warrant the arrest order of the suspect are true
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Examine any potential consequences that might occur if his right to due process is violated.
The violation of due process can prompt the suspect to pursue a complaint or civil action. If successful, the arresting party may be required to award damages to the suspect. Notably, the suspect should be able to prove that financial loss was a direct result of the arrest.