U.S. Supreme Court

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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.

Or

  • 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 Criteria Proficient Descriptor Points
    Quality of Main Post

    21 Points
    Total

    		 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
    Total

    		 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
    Total

    		 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.
    Total 50 Points Possible /50 pts.

Requirements: 300 or more words

Answer preview

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 assistance to an occupant in a house, engage in hot pursuit of an individual who is fleeing, or enter a building to put out a fire and investigate what caused the fire (Kinports, 2018).

There are 3 main exigent circumstances that allow for searches without warrants, as established in this case. These include preventing the destruction of evidence, providing emergency assistance, and engaging in hot pursuit to prevent a fleeing individual suspected of perpetrating a crime from escaping (Kinports, 2018). When assessing whether an exigent

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U.S. Supreme Court