The constitution of the United States protects the rights of its citizens as stipulated by the bill of rights in all the stages of the criminal justice process. For that reason, the constitution provides guidelines on the arrest and prosecution of the suspects. The paper will discuss the elements of arrest and the various requirements for search and seizure with a warrant. The various aspects of the plain view doctrine will also be outlined. A comparison of the multiple methods of identifying suspects will be made whereas providing a summary of the basic constitutional rights of the accused during the trial process.
The arrest is defined in legal terms as the deprivation of the freedom of an individual by a law enforcer who is done lawfully (Kumhyr, 2005). It is important to note that there are two types of arrests where under one type, the officers making the seizure are required to issue an arrest warrant while the other kind of arrest does not require the issuance of these warrants. The provision for the arrest to be made without the warrant provides that the law enforcement officer to have a strong belief that the crime has been committed and there is a link with the arrested person.
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Elements of Arrest
There are four main elements of arrest that include intent, authority, seizure, and understanding. The intent is the first element of arrest that refers to the intention of the law enforcement officer to make an arrest. Such intent may either be expressed verbally or through the actions of the officer. The element is crucial since, without the will to commit the act of arrest, the arrest cannot be made. Another essential element of arrest is that of authority (Kumhyr, 2005). The statutory and the federal law grants the law enforcement officer the mandate to arrest individuals and put them under custody. The law also allows the officers the authority to put individuals under custodial arrest. The authority of the law officer varies across states depending on the mandate provided to them by the statutory laws. Such variance in authority is that in some states, the officers are allowed to arrest individuals in instances where they witness the crime while in other states; such arrest can only be made when the officer is on official duty (Kumhyr, 2005).
Detention of the suspects also makes an essential component of the arrest. Detention can either take place by force or by the individual arrested willingly fully submitting themselves to the arresting officers, also known as a constructive seizure (Del, 2017). The use of physical objects such as hands or firearms to force an individual into arrest is also known as the actual seizure.
The fourth element of arrest is the understanding, where the law requires the individual being arrested for being aware of the arrest. Such an understanding may be ensured either verbally or the use of actions. Verbal understanding may be applied by the use of such word as, “you are under arrest” (Linn, 2008) . The actions used to create such an understanding may involve handcuffing the individual and even placing arrestee in the patrol vehicle (Del, 2017). However, the law exempts understanding from being a necessity when the person being arrested is under the influence of drugs, unconscious or in a state where such understanding may prove difficult.
Requirements for Search and Seizure with a Warrant
As the United States Constitution aims to safeguard the rights of the citizens, it has provided for various requirements when law enforcement officers are conducting searches and seizure through the 4th Amendment (Del, 2017). The approach is done with the goal of safeguarding the citizens from unreasonable search and seizure, therefore, protecting their rights. Such unreasonable search and seizure are ensured by requiring the law enforcement officer to obtain a search warrant.
For a search warrant to be valid, it has to abide by various requirements. One such requirement is that it has to be provided by the magistrate who has jurisdiction over the geographical zone to be searched (Kumhyr, 2005). The law enforcement officer is responsible for writing to the magistrate where the officer needs to do so in good faith. Such a determination that the officer seeking a warrant is in good faith can be made by requiring them to do so on oath or affirmation (Del, 2017). Another requirement is that it needs to be provided by a magistrate who is neutral and detached from the person who is being searched and seized. The third requirement is that the search warrant needs to be based on the accurate and reliable information. Such accuracy and reliability can be assessed through the determination of relevance of the probable cause for the search and seizure. The probable cause presented to the magistrate by the law enforcement officer needs to be sworn under oath.
Lastly, the search warrant needs to be specific by outlining what object, place or individual is to be searched. Also, the description of the evidence aimed to be obtained needs to be provided in particularity. It is important to note that the police officers are not allowed to conduct searches of individuals that are in the premises when the warrant is specifically for searching the premise (Del, 2017). Such a search is only allowed when officers believe they were in danger. Also, the law allows the officer to seize evidence other than what was indicated in the warrant.
Aspects of the Plain view Doctrine
The plain view doctrine grants the officers the authority to seize items that are found in plain view when the officers are conducting a lawful observation. The items to be seized include those that have been observed and perceived by the officers to be either evidence or contraband. The plain view doctrine was first used to remove the necessity of this provision in a case titled Horton v. California (Lippman, 2014)
Various aspects are perceived to be essential for plain view doctrine to be implemented. Without meeting these conditions, the officer is not authorized to seize the items. The first aspect is that the officers seizing the evidence or contraband need to be legally present in an area that is covered by the Fourth Amendment to the United States Constitution (Lippman, 2014). For that reason, if the evidence or contraband was collected from either a business or property, the officer needs to have made entry to the property either with a warrant, consent or exigency (Bennett et al. 2007). Another aspect of the doctrine is that the officer needs to have observed the contraband or evidence in plain view rather than through speculation. An additional element for plain view doctrine is that the officer must have immediately made recognition of the objects as either contraband or evidence (Del, 2017). Through the aspect, the officer is not authorized to make further intrusion into the property.
Means of Identifying Suspects
Following an arrest, various means can be employed by the police officer to help in the identification of the suspects. The wide varieties of methods are adapted to enable the officer to gather additional evidence to aid in the prosecution of the suspect. Under the identification process, the witness or the victim is requested by the police officer to visually the individual responsible for perpetrating the crime being investigated (Lippman, 2014).
The first method is through the use of a photo array whereby a group of the photo are presented to the witness or the victim. The method requires the investigator to present at least five other photos of non-suspects. The approach further requires the only one suspect should be included in each photo despite the total number of suspects. Also, the investigator is required to use a recent photo of the suspect while also including images of suspect that has similarities such as the age, gender, skin color, race and other physical features (Kumhyr, 2005).
The other method involves the use of a police lineup whereby the suspect is lined up alongside other individuals who have the resemblance to the suspects (Lippman, 2014). The distinct feature of an individual presented alongside the suspect should be covered up to ensure similarities. Group identification is also another method whereby the victim or witness is required to identify the suspect while they are in an informal group (Bennett et al. 2007). Under the method, the setting needs to be one where other people who have broader traits join the suspect.
Basic Constitutional Rights of Accused Under Trial
The United States Constitution provides various constitutional rights to the accused throughout the criminal justice process. The most important right that is safeguarded by the Fifth Amendment in the constitution during the criminal justice process is the right for the accused to be subjected to the due process (Bennett et al. 2007). The due process comprises of various other basic rights including the right to fair process and equal treatment as provided by the law in all hearings (Linn, 2008) . For that reason, the due process includes the right to trial, presenting evidence, examining the witnesses and also right to testify when willing. The Sixth Amendment of the United States Constitution also grants the accused the right to speedy and public trial and the right to an attorney and call witnesses in defense (Bennett et al. 2007). Other rights under the amendment include the right to be informed of charges and the nature of the evidence presented against them as well as being present when witnesses are giving their testimony. Also, the sixth amendment provides the criminal defendants with the right to trial by the jury.
References
Bennett, W. W., Hess, K. M., & Orthmann, C. M. H. (2007). Criminal investigation . Belmont, CA: Wadsworth/Thomson Learning.
Del, C. R. V. (2017). Criminal procedure: Law and practice . Boston, MA: Cengage Learning
Kumhyr, D. B. (2005). U.S. Patent No. 6,975,346 . Washington, DC: U.S. Patent and Trademark Office.
Linn, E. (2008). Arrest decisions: What works for the officer? . New York: Peter Lang
Lippman, M. R. (2014). Criminal procedure . Thousand Oaks California: SAGE Publications.
