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Procedural Law And The Bill Of Right3.edited

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Running head: PROCEDURAL LAW AND THE BILL OF RIGHTS 1
Procedural Law and the Bill of Rights
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PROCEDURAL LAW AND THE BILL OF RIGHTS 2
Procedural Law and the Bill of Rights
Response to Question #1
Selected Case: The Case of California v. Hodari, 499 US 621
Seizure and detention. An instance of seizure and detention can be illustrated by focusing on
the case of California v. Hodari during the situation of the arrest. The case involves two police
officers patrolling an area marked with high crime in Oakland, California, late in the night.
While patrolling, they saw about five youths huddling around a red car that was parked at the
curb, but later fled after seeing the police care approach. One of the police officers was Pertoso
did not follow one of the youths named Hodari. However, Pertoso met face-to-face with Hodari
who was attempting to escape and this made Hodari toss away an object that resembled a small
rock. Nevertheless, the officer managed to tackle Hodari and recover the object which typically,
was cocaine. To conclude, no seizure is noted because the case was not coupled with a physical
force that suggests seizure that had been engaged before the suspect tossed away cocaine and
again, the suspect did not present himself willingly to the officer who is a symbol of authority
and this demonstrates constructive seizure (Palmiotto, 2016).
Intention to arrest: an anonymous officer invites a suspect to the police station to interrogate
her on a case involving murder. The officer fails to inform the suspect that she can leave or even
permit the suspect to leave the station upon her request before the interrogation process ends.
Later, the officer attests that he had not intended to arrest the suspect, rather he was only
interested to ask few questions which is based on the Fourth Amendment, though that the suspect
was arrested following a sound person with regards to the circumstances that would make it clear
that the arrest has been ascertained (Palmiotto, 2016).

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Running head: PROCEDURAL LAW AND THE BILL OF RIGHTS Procedural Law and the Bill of Rights Student Name Course 1 PROCEDURAL LAW AND THE BILL OF RIGHTS 2 Procedural Law and the Bill of Rights Response to Question #1 Selected Case: The Case of California v. Hodari, 499 US 621 Seizure and detention. An instance of seizure and detention can be illustrated by focusing on the case of California v. Hodari during the situation of the arrest. The case involves two police officers patrolling an area marked with high crime in Oakland, California, late in the night. While patrolling, they saw about five youths huddling around a red car that was parked at the curb, but later fled after seeing the police care approach. One of the police officers was Pertoso did not follow one of the youths named Hodari. However, Pertoso met face-to-face with Hodari who was attempting to escape and this made Hodari toss away an object that resembled a small rock. Nevertheless, the officer managed to tackle Hodari and recover the object which typically, was cocaine. To conclude, no seizure is noted because the case was not coupled with a physical force that suggests seizure that had been engaged before the suspect tossed away cocaine and again, the suspect did not present himself willingly to the officer who is a symbol of authority and this demonstrates constructive seizure (Palmiotto, 2016). Intention to arrest: an anonymous officer invites a suspect to the police station to interrogate her on a case ...
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