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Fourth Amendment Violation

Security guards at Target in Tampa were called to break up a fight in the parking lot. As they approached the two men, one of them, Jack, threw a punch at one of the guards. The other guard sprayed Jack with pepper spray, tackled him, and handcuffed him.

While waiting for the police to come, they searched his pockets and removed a pill bottle that contained little bags of cocaine. They turned the cocaine over to the police when they arrived to arrest Jack. He was tried for possession of a controlled substance. Jack's lawyer moved to suppress the evidence, as the bottle had been taken from him in an improper search. Were Jack's Fourth Amendment rights violated? Why or why not? Provide examples, laws, or other relevant information to support your answer.

Solution Preview

In this situation Jack's fourth amendment rights were not violated, due to the fact that Jack committed an assault against a security guard, which gave the security guard the authorization to spray Jack with the pepper spray and to arrest and hold him until authorities arrived. In addition, due to the fact that security guards are not obligated to ...

Solution Summary

The fourth amendment violations are provided. The possession of a controled substance is provided.

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