Criminal Justice Process: Chimel V. California

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The criminal justice process begins when an officer informs a person that they are under arrest. An arrest is when a person is taken into police custody, and is no longer free to move about as they please. Handcuffs and physical restraint are not necessarily used, but as a precaution, officers usually utilize handcuff’s to prevent the escape of a suspect. The key to an arrest is the ability of officers to exercise authority over an individual, and that person’s submission whether voluntary or involuntary. An arrest is called a custodial arrest and defined as an officer taking into custody a person pending criminal charges, and the individual’s right of locomotion is restricted. An arrest is a vital tool for police officers to use to catch the guilty and free the innocent, but must meet the requirements of the United States Constitution. The duration of an arrest is longer than that of a stop, and can last hours even days. The location of an arrest is usually the isolated and intimidating surroundings of a local police department and jail. An arrest also included written documents that become a part of a person’s record or more popularly known as a rap sheet. An arrest also carries a strip search and cavity search, interrogation, and lineups. It also produces fears, anxiety, and loss of liberty, which can…show more content…
California is an example of an arrest performed in the home of the suspect where officers searched the entire home against the refusal of the defendant and without a search warrant. Officers found incriminating evidence during their illegal search and during trial used this evidence to convict the defendant. The evidence was found in drawers in other rooms and the wife of the suspect was asked to remove the contents of certain drawers thus producing stolen items that the suspect had hidden. For this reason, the court ruled that the search of the home was unconstitutional and that it violated the defendants Fourth and Fourteenth Amendment
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