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All Jurisprudence based

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

Inside a state detention facility, Warden Mendoza orders an unannounced search of detainee Ramon Bautista's cell after a guard reports possible concealment of contraband. Three guards conduct a search of Bautista's cell and Bautista himself without a warrant, using only visual inspection and a handheld metal detector. They discover a folded foil packet containing white powder. Bautista objects that the search violated his privacy and that the search of his person was unlawful. (a) Identify the controlling doctrine governing warrantless searches in state detention facilities and the justification for such searches. (b) Distinguish this doctrine from the ordinary warrant requirement applicable to private premises. (c) Apply the doctrine to the facts: was the search reasonable; is the evidence admissible; what remedies, if any, are available to Bautista?

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Plain view doctrine: contraband discovered in plain view during a lawful intrusion may be seized without a warrant; however, this case does not rely on plain view to justify the intrusion itself. Custodial/administrative search doctrine: warrantless searches in state detention facilities are permissible if reasonable under the circumstances to maintain security and order; such searches are a recognized exception to the ordinary warrant requirement; applied to Bautista, the search was reasonable and the evidence is admissible; no remedy. Search incident to arrest doctrine: this is not applicable here because Bautista is not being searched incident to a surrounding arrest; the detention context requires a different standard. Consent doctrine: a detainee may be searched without a warrant only if he or she personally consents; there is no evidence of consent here, so the search would be invalid.

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