An 18-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal’s office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.
Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student’s backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.
The student replies, “What weapon? That’s not my backpack and I never saw that gun before.”
The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement.
The student replies, “No, I want a lawyer.”
Write a 1-2 page paper in which you:
Examine the constitutional amendment or amendments that would relate to this situation.
Outline the appropriate procedures you would need to follow to comply with the associated amendments to ensure admissibility of evidence.
Evaluate the officer’s actions and determine whether his search, the student’s confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.
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