Essay - Constitutional Law - Investigations Constitutional Law: Criminal Investigations the Likelihood...

Constitutional Law - Investigations

CONSTITUTIONAL LAW: CRIMINAL INVESTIGATIONS

The likelihood that the magistrate will admit the marijuana cigarettes into evidence at the preliminary hearing is very low. With respect to the initial contact between Officer Hardbutt and Harry Hiphop, ***** lacked probable cause of any crime. Consequently, Hardbutt's arrest ***** Harry was illegal. Therefore, ***** search of Hiphop was illegal and any contraband discovered thereby ***** probably be excluded under the "fruit of the poisonous tree" doctrine.

***** State will likely argue that the contraband was not ***** during a search incident ***** an illegal arrest, but only pursuant to a permissible pat down or "Terry Search" frisk for weapons initiated out of Hardbutt's concern for (his) officer safety and that at the time, ***** ***** not yet subject to an *****, but ***** an investigative detention. This argument will not likely prevail, because a reasonable person would have considered himself under arrest as of the moment that he was not free to leave the squad car ***** certainly after prolonged detention at the police station.

Likewise, the argument ***** the contraband ***** discovered during a ***** ***** Search pat ***** rather than an illegal search or a search ***** to arrest ***** not prevail, because: (1) Hardbutt had no ***** or articulable suspicion to initiate *****y search of Hiphop in the first place, (2) ***** was under arrest as of ***** moment that he re*****onably perceived himself to have lost his right to refuse to accompany Hardbutt ***** to remove ***** from the ***** car, and (3) ***** breath mint container could ***** have reasonably been perceived as a weapon, and there*****e, Hiphop retained ***** Fourth Amendment rights with respect ***** the ***** discovered therein by virtue of the illegal *****.

The ***** ***** the magistrate will admit Harry's confession into ***** is virtually *****nex*****tent. *****'s admission was the product of an illegal interrogation,

***** admission was coerced by ***** ***** his having been denied the opportunity to relieve himself or have access to water for six hours of interrogation. According to the specific facts as presented, Hiphop was "scared, exhausted, ***** thoroughly intimidated" which is precisely ***** type of police conduct prohibited in all states since the Escubedo (1964).

In that respect, the refusal to terminate any interrogation once Hiphop asked to be allowed ***** consult his attorney rendered any confession elicited subsequently ********** unconstitutional. The State may try to ***** that ***** hours is not an un***** or excessively long period of ***** ***** deprive a prisoner of sleep, food and *****, or the opp*****tunity to relieve himself.

That argument ***** be rejected as to e***** element except *****. In any case, the detailed circumstances of the interrogative process itself are virtually moot, ***** ***** continuation of questioning after refusing ********** request for his ***** renders any subsequent confession fatally unconstitutional irrespective of ***** o*****r factors.

*****re is virtually no chance that the magistrate will admit ***** cocaine and methamphetamine into evidence either, because they ***** also