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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A city police officer, accompanied by a private security guard, chases a street robber who has just snatched a vendor’s wallet on a busy plaza. The thief runs into a private residential building and, during the pursuit, is arrested inside a unit without a warrant. There is no immediate danger to life or limb. The suspect resists but is subdued and brought to the station for custodial interrogation. He moves to suppress his statements and any evidence obtained as a result of the arrest. (a) Identify the controlling rule on warrantless arrests and apply it to these facts; is the arrest lawful without a warrant? (b) If the arrest is unlawful, discuss the admissibility of the suspect’s statements and any physical or documentary evidence obtained as a result of the arrest. (c) Discuss ethical considerations raised by the involvement of a private security guard and the manner of the arrest.

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Yes; lawful without a warrant under the hot-pursuit exception since the theft had just occurred and the suspect fled into a private dwelling, the pursuit was continuous, there was no time to obtain a warrant; statements and evidence obtained are admissible; the private security guard’s participation is ethically permissible if properly supervised by police. No; even with hot pursuit, arrests inside a dwelling without a warrant are always invalid due to the dwelling’s privacy. No; a private security guard cannot participate in an arrest; only a duly deputized peace officer may arrest suspects without a warrant. No; a warrantless entry into a private dwelling is never permitted, even in hot pursuit, so the arrest would be unlawful and any statements or evidence would be suppressed.

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