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Running Head: CONSTITUTIONAL RIGHTS 1Constitutional RightsNameProfessorCourseDate
CONSTITUTIONAL RIGHTS 2Constitutional RightsIdentify and discuss the four (4) elements of arrestThe four elements of arrest are intent, authority, detention or seizure and understanding. Intent of a law enforcement officer to arrest a suspect can either be transmitted verbally or through actions. This is very significant because absence of intent implies that no arrest can take place. Intent is a subjective term making it difficult to at times determine if a law enforcement officer had intentions of making arrest. In the event that intent is not clear, the judge will rely on arrestee’s perception. State laws give law enforcement officers authority to arrest citizens and put them to custody. Authority to make arrests differs from state to state and in some states, officers can make arrests whenever they witness a crime. In other states, officers can only arrest suspects while on duty. Detention of a subject is a necessary part of arrest. Detention s said to have occurred when the arrested person agrees to be controlled by the arresting officer be it under threat, peacefully or by using force. Finally, an arrest is considered invalid when an arrestee does not know that they are being arrested. However, when the arrestee is insane or unconscious, under drug or alcohol influence, understanding is not considered a necessary element to that arrest. Arrestees are to understand that they are being arrested through being taken to custody which implies that they have been arrested or words like “you are under arrest” [Lar07]. Identify and discuss the four (4) requirements for search and seizure with a warrantThe 4thAmendment of the US constitution protects its citizens’ from unreasonable searches and seizures by police officers. Search and seizure is said to be unreasonable when