Law Enforcement Officer Arrives at the Scene Scenario

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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.

Sample Solution

Constitutional Amendments and Student’s Rights

This scenario raises concerns regarding several constitutional amendments:

  • Fourth Amendment: Protects against unreasonable searches and seizures.
  • Fifth Amendment: Protects against self-incrimination and guarantees due process of law.

Appropriate Procedures for Evidence Admissibility:

To ensure evidence admissibility, the following procedures should be followed:

  • Search Warrant: A search of the student’s backpack generally requires a warrant based on probable cause. However, the “exigent circumstances” exception might apply if the security guard believed the student posed an immediate threat.
  • Miranda Warning: Before questioning the student after arrest, Officer Smith must read the Miranda warning, informing the student of their right to remain silent and to have an attorney present.
  • Voluntariness of Confession: The student’s initial denial and later confession raise questions about coercion. Any statement obtained through force, threats, or promises of leniency is inadmissible.

Evaluating Officer Smith’s Actions:

  • Search: The legality of the initial search depends on whether the security guard had probable cause. If the student exhibited suspicious behavior or the guard had a tip about a weapon, probable cause might exist. However, if the search was based solely on hunch, it could be deemed unreasonable.
  • Confession: The student’s initial denial weakens the first confession’s credibility. The second confession, made after Miranda warnings, could be admissible if obtained voluntarily. However, the close proximity to the first statement and the time gap between confessions warrant further investigation into potential coercion during transport.
  • Weapon Discovery: If the search is deemed lawful, the discovered gun would be admissible as evidence.

Rationale:

  • Fourth Amendment: The search is lawful if based on probable cause or exigent circumstances.
  • Fifth Amendment: The first confession may be inadmissible due to the initial denial, raising concerns about voluntariness. The second confession could be admissible if truly voluntary after Miranda warnings.

Uncertainties Remain:

  • The reason for the initial stop and search is unclear. Without probable cause, the evidence might be excluded.
  • The circumstances surrounding the second confession require further investigation to determine voluntariness.

Recommendations:

  • Officers should receive ongoing training on student rights and search procedures, particularly related to schools.
  • Schools should have clear policies on searches and student conduct.

Conclusion:

The admissibility of evidence depends on the specific details of the case, particularly regarding probable cause for the search and the voluntariness of the confessions. Further investigation is necessary to determine the legality of Officer Smith’s actions.

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