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Criminal Procedure

Discussion Questions – Chapter 7

1. Assume that a defendant is arrested in his kitchen for the armed robbery of a bank earlier that day. The arresting officers have an arrest warrant but no search warrant. The defendant is one of three persons wanted in the robbery. The defendant’s automobile, the suspected getaway car, is parked in his driveway. Indicate the full extent of the arresting officers’ authority to search the defendant, his premises, and his automobile under the search-incident-to-a-lawful-arrest doctrine.

2. Assume the same facts as in question 6, except that the defendant is arrested while running from his house to his automobile. Indicate the full extent of the arresting officers’ authority to search the defendant, his premises, and his automobile. What if the officers have only a search warrant for the defendant’s house, and no arrest warrant? What if it is raining heavily?

3. Explain the differences between an arrest with a warrant and a warrantless arrest for
felonies and misdemeanors.

4. Is it reasonable for the officer to believe that evidence relevant to the crime of arrest
may be found in the vehicle of the arrested occupant? Explain.

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