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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

In a busy government district, a private security guard named Avel sees a man, Diego, forcibly snatch a visitor’s tablet and flee toward the main entrance. The guard pursues and apprehends Diego a short distance away without a warrant. Diego is immediately searched on the spot, and the tablet is recovered from Diego’s jacket pocket. During the chase, Diego drops a backpack containing a pistol and other stolen items; the guard seizes the backpack at the scene. A bystander objects that the arrest and the searches require a warrant. Address: (a) Identify the controlling rule on warrantless arrests applicable to Diego’s apprehension and indicate which exception applies. (b) Evaluate the legality of the search of Diego’s person without a warrant. Is the evidence from Diego’s pockets admissible? (c) Assess the legality of seizing the backpack and its contents found as Diego dropped it, and whether those items may be admitted into evidence. Include any limitations on searches and after‑arrest areas.

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The warrantless arrest of Diego is lawful because he was caught in the act of snatching the tablet and immediately pursued; The search of Diego’s person without a warrant is valid as incident to a lawful arrest; The backpack dropped during the pursuit may be seized as its contents are instrumentality; The tablet and pistol recovered from the scene are admissible as evidence. The warrantless arrest is invalid because Diego was not caught in the act and hot pursuit did not occur; The search of Diego’s pockets would require a separate warrant; The backpack seizure would thus be unlawful. The warrantless arrest is valid and the search of Diego’s person is valid; however, the backpack seizure is unlawful because the backpack was not within Diego’s immediate control at the moment of arrest. The warrantless arrest is valid and the search of Diego’s person is valid; the backpack seizure is valid but only under the condition that the contents are immediately linked to the crime; If not, the items may be excluded.

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