Assignment:
Competencies Addressed in This Discussion
- Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
- Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Introduction
Certain circumstances must exist for a search to be constitutional. For example, contemporaneous searches must occur at the time as, or very close in time and place to, the arrest. Searches citing exigent circumstances may involve some kind of an emergency that makes getting a search warrant impractical, useless, dangerous, or unnecessary. There is generally a reasonable expectation of privacy that exists when a person exhibits an actual expectation of privacy, and the expectation is one that society is prepared to recognize as reasonable. That aside, the U.S. Supreme Court held in United States v. Place, that there is no search within the meaning of the 4th Amendment if police use narcotics detection dogs to smell closed containers for drugs, as long as police are on the premises legally.
Instructions
Consider that there is no need for a search warrant or for probable cause to conduct dog sniffs.
In your main post:
- Express your position on the Court's decision in United States v. Place, using an additional case to support your opinion.
- Describe the constitutional requirements that apply, or do not apply, in canine searches.
- Differentiate between the constitutionality of canine searches versus other searches that require probable cause.
Discussion Objectives
The competencies addressed in this discussion are supported by discussion objectives, as follows:
Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
- Express your position on the Court's decision in United States v. Place, using an additional case to support your opinion.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
- Describe constitutional requirements for canine search.
- Differentiate between canine searches and searches that require probable cause.
Reference
United States v. Place, (81-1617) 462 US 696 (1983).
Response Guidelines
Respond to the posts of two peers. Interact with other learners about whether you agree with the way in which the Court decided the case in Place. What were the similarities and differences between your perspective and that of other learners about Place and other related court decisions? Did you agree with others regarding the constitutionality of canine versus other searches that do require probable cause? Why or why not?
APA citations are not required for discussions, however, if outside material is used, you are required to cite references.
Resources
- CJ Discussion Participation Scoring Guide.
- Community of Excellence.
- Criminal Justice Undergraduate Research Guide.
- G.R.E.A.T Discussion Guidelines.
- United States v. Place.