crim just - Aaron Olexa justice Mon/Wed 9:30-10:50 Criminal...

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Aaron Olexa Criminal justice Mon/Wed 9:30-10:50 November 26, 2007 4 th , 5 th , 6 th Amendments After I chase the suspect two blocks to his home, and he proceeds to flee and run into his house I have the right to fallow him into his house. Under normal circumstances under the fourth Amendment I would need a search warrant to search someone’s home or to enter someone’s home, also under the forth Amendment a individual cant not be arrested in their home without a search warrant unless the act or crime is committed in front of an officer or the officer is in hot pursuit. *In this case I would be in hot pursuit of this individual who is fleeing an arrest so I would be allowed to enter his home and make the arrest. Under the case of Tennessee v. Garner the courts would give me the right to use any means necessary to make an arrest if a suspect flees or runs. Once I have arrested the suspect I must first read him his rights, these right are called the Miranda right. They are the right to remain silent, the right to an attorney, etc.* The need to read an individual his right before questioning him come from the case of
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Aaron Olexa 2 Miranda v. Arizona Now that I have read him his rights I may ask him questions and the suspect has the choice now on weather or not is going to answer me there or if he is going to wait for his attorney before answering any questions. For this case the suspect decides not to talk to
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This note was uploaded on 04/10/2008 for the course CRIMINAL J CJ*2600 01 taught by Professor V.garcia during the Fall '07 term at Kean.

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crim just - Aaron Olexa justice Mon/Wed 9:30-10:50 Criminal...

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