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In March of 2005, the Tempe Police Department arrested Jeff Barnes for possession of heroin near the intersection of McClintock and Lakeshore, around 10:00 p.m.?his second arrest near this area in the past few months. Pending trial, the court released him, mandating he was not to come within two blocks of the location.
In late July of 2005, Officer Christina Pace was patrolling this same area around 10:30 p.m. The officer located Mr. Barnes sitting in his vehicle within the area of McClintock and Lakeshore, and called for backup. As Officer Pace pulled behind the vehicle, Mr. Barnes attempted to leave the area, unsuccessfully. He was apprehended and placed under arrest; handcuffs were used and Miranda rights were read.
Conducting a search of Mr. Barnes's person, Officer Pace found a small bag of marijuana, lose change, and some cigarettes. Another officer's search of Barnes's vehicle yielded a small bag of heroin and syringes, which were found after prying open a locked glove compartment. The officers searched the area around the vehicle and subsequent block while Barnes remained in custody. Finding no other evidence, Officer Pace transported Mr. Barnes to the stationhouse.
*** Using the above article:
Identify types of authorized arrests; differentiate between acceptable and unacceptable police action, during and before an arrest; determine if the arrest is a proper seizure of persons under the Fourth Amendment. Is the evidence collected by the arresting officer admissible or non-admissible? Explain your answer.
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When evidence is collected by an arresting officer, determining whether the evidence is admissible or inadmissible.
Before noting if the arrest of Mr. Barne's was acceptable or unacceptable, it's important to understand what an authorized arrest it. An authorized arrest is taking a person into custody against their agreement (will) for the purpose of suspected criminal questioning and/or prosecution. The arrest of a person is viewed by law enforcement of the seizure or capturing of a person and is in line with the 4th amendment.
There are various arrests and situations that are considered legal and are authorized under the 4th Amendment.
Some of them include the following:
DUI (Driving Under the Influence)
Court Ordered Custody
Any felony or misdemeanor violation
Warrants for people with mental health ...
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