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Running head: CONSTITUTIONAL RIGHTSAssignment #2: “Constitutional Rights”Paul J. DettmerCRJ325 – Criminal Procedures Professor Christina WilliamsDecember 8, 2018Strayer University
CONSTITUTIONAL RIGHTS2The rights guaranteed by the Bill of Rights are essential during a criminal proceeding. There have to be rules followed to bring a suspect to trial. The whole process starts with the arrest and it’s four elements. There are four additional requirements for a search and seizure witha warrant. However, the plain view doctrine has its own aspects. When a individual identifies a suspect is even open to contrast. Even after all of this a suspect still has basic constitutional rights during a trial.If a police officer or other authorized law enforcement officer wishes to arrest an individual, there needs to be four elements that the officer must have. Those four elements “are intent, authority, subjection, and understanding (Whalen, W. 2017).” Each one of these elements have a specific meaning and course of action and one can not happen without the others. Intent can be transmitted verbally or through the actions of a police officer. A police officer must have intent to arrest a person or they can be no arrest. An issue that arises is that intent is formed in the mind, and is not expressed verbally. When this happens, the deciding factor is if a reasonableperson would think they have been arrested. This is the first step a suspect takes prior to a trial. The second element to an arrest is authority. The states laws govern when an officer can make an arrest. In some states an officer can make an arrest anytime they witness a crime. And in other states they can only perform this task when they are on duty. The third element in an arrestis subjection. This happens when a subject submits or is made to submit by force into detainment by a sworn law officer. The seizure always involves a physical element, be it hands, or a firearm. This also happens when a subject voluntarily surrenders themselves.