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Question 1 The overall issue is whether the offered evidence obtained by the State in the robbery trial of Andy and Bob should be suppressed The first issue is whether Officer Short had probable cause to stop the VW bug When a police officer has probable cause to believe that a suspect has committed a crime the officer makes an arrest An arrest may occur either with or without a warrant most are made without a warrant Arrest usually involves taking the suspect into custody and transporting him to the police station Officer Short believed that the individual and the car fit the description of the recent robbery of the pharmacy However the defendant will argue that the description was too vague that it was not in close proximity of the crime scene that there was a lapse of time and the office was not in hot pursuit of the defendant The 4th amendment provides The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized The 4th amendment thus applies both to searches and seizures of property and to arrests of persons Generally the fact that D was arrested in an unconstitutional manner makes no difference a defendant may generally be tried and convicted regardless of the fact that his arrest was made in violation of the 14th amendment However when evidence is seized as part of a warrantless search conducted incident to an arrest the evidence will be excluded as inadmissible if the arrest was a violation of the Constitution eg the arresting officer did not have probable cause to believe that D had committed a crime Office Sho rt did not have a warrant to search Andys
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