Share
Explore BrainMass

Search and Seizure

Mr. A is detained at the police station as a potential witness to a murder. As it turns out, Mr. A has an open warrant issued for parole violation. Mr. A is arrested on this warrant. Mr. A's clothing is inventoried and no other evidence is readily apparent. Eight days later, an investigator has Mr. A's clothing analyzed by forensics for blood traces. A serologist discovers blood on Mr. A's shoes that match blood from the murder victim. Mr. A is charged with murder, which he wants to appeal.

Was the search of the defendant's clothing legal?

Solution Preview

Mr. A is detained at the police station as a potential witness to a murder. As it turns out, Mr. A has an open warrant issued for parole violation. Mr. A is arrested on this warrant. Mr. A's clothing is inventoried and no other evidence is readily apparent. Eight days later, an investigator has Mr. A's clothing analyzed by forensics for blood traces. A serologist discovers blood on Mr. A's shoes that match blood from the murder victim. Mr. A is charged with murder, which he wants to appeal.

Was the search of the defendant's clothing legal?
No, the search of the clothing was not legal.
A's rights are protected by the Fourth Amendment. The investigator has not obtained a warrant and so he cannot get the clothes analyzed ...

Solution Summary

Search and Seizure is determined.

$2.19