Discussion Board – Unit 3 Sylvester – Pretrial Procedures

Discussion Board – Unit 3 Sylvester – Pretrial Procedures

Assignment Details – in 300 words or more

This week, you are continuing your study of the Fourth, Fifth, and Sixth Amendments. Respond to 1 of the following questions. Support your answer with at least 1 published court case, such as a case from the U.S. Supreme Court.

  • What is the search incident to arrest doctrine, and how could be it be applied? Write a fact pattern with an example of search incident to arrest. Be specific with your facts, and cite a published case in which the court discusses a search incident to an arrest.


  • What are exigent circumstances, and how would they excuse the need for a search warrant? Write a fact pattern with an example of exigent circumstances. Be specific with your facts, and cite a published case in which the court discusses exigent circumstances.
  • Grading Rubric
    Assignment CriteriaProficient DescriptorPoints
    Quality of Main Post

    21 Points

    Student’s main post meets or exceeds the following requirements:

    • Responds completely to all of parts of discussion question. (6 points)
    Communicates content information accurately and/or logically (5 points)
    • Delivers a thoughtful response demonstrating insights and reflections (5 points)
    • Connects to key content concepts and personal experiences (if applicable) (5 points)

    /21 pts.
    Response to Peers

    20 Points

    Responds to a minimum of two peers. (10 points per response)
    o Substantive response (5 points)
    o Furthers the conversation with peers. Examples could include: (5 points)

    • Provides additional resources
    • Connects accurately to key concepts
    • Shares personal or professional experiences
    • Contributes new information or perspective
    • Presents a competing viewpoint
    /20 pts.
    Support from Learning Resources

    4 Points

    At least one post references course resources or library resources./4 pts.
    Professional Writing

    5 points
    Response is well-organized, clear and free of grammatical and mechanical errors.

    Posts demonstrate courtesy and respect for others.

    /5 pts.
    Total50 Points Possible/50 pts.

Requirements: 300 or more words


Answer preview

The Fourth Amendment grants every American the right to privacy. Due to these privacy rights, law enforcement officers cannot enter and search a person’s house without a search warrant that should be signed by a judge (Kinports, 2018). However, the Supreme Court has held that certain situations permit police officers to enter a private residence without a search warrant. These emergencies override the requirement for a search warrant under the Fourth Amendment and are considered exigent circumstances (Kinports, 2018). The Supreme Court in Missouri vs. McNeely (2013) clarified that various circumstances might lead to an exigency that is sufficient to necessitate a search without a warrant, such as law enforcement’s desire to render emergency

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