Arrest Warrant

Arrest Warrant Student’s Name Institution Affiliation Course Name & Code Instructor’s Name Date Arrest Warrant Over the years, there has been an increase in drug trafficking in the country. Since drug trafficking is an illegal business, the U.S. government has employed measures to control it. One of the measures is through using the drug task force. Like other personnel, seizure laws, arrest warrants, and discretion guard the drug task force, which affects their performance. Since some of the laws vary from one State to another, I will evaluate the laws that regulate the State of California. If Officer Landonio sees some narcotics that are illegal when searching for a stolen 50-inch plasma television, the Officer can legally seize the cocaine since the cocaine is in plain view. The Plain View Doctrine under the Fourth Amendment allows the Officer to seize cocaine since it will enable the Officer to seize evidence of a crime without obtaining a warrant as long as the evidence is visible (LII, 2021). Since the open kitchen cabinet is one of the areas where the Officer will be searching for the stolen television, the Officer is allowed to access the illegal narcotics lawfully. Since cocaine is a prohibited product, the Officer has a right to seize it since it will influence the court's decision regarding the crime. One legal basis Officer Landonio can use in California is California Penal Code Section 1524. This Section gives the Officer the power to seize evidence in plain view while conducting a search warrant as long as the evidence is related to the crime he is investigating or any other crime (Find Law, 2024). Since cocaine is an illegal drug, Landonio is allowed to conduct an immediate seizure. After finding the prescribed and illegal narcotics at the table, Landonio has some options that he can opt to employ. One of the options would be to seize the narcotics without asking the suspect any questions. The Officer can seize all the drugs and can use them to prove that the suspect possesses these drugs for either personal use or distribution. Since Officer Landonio seized the drugs in plain view, he has justified seizure under the Plain View Doctrine. The other option could be to arrest the suspect. Since the narcotics are illegal, the Officer can arrest the suspect for possessing illicit drugs without a valid prescription. Officer Landonio's option for apprehending the suspect is protected by California Health and Safety Code Sections 11350-11377, which highlights that it is illegal for an individual to possess controlled substances without having a necessary prescription (Shaquan, 2023). Since cocaine is one of these illicit drugs then, this arrest is justified The other option that Officer Landonio can choose is to question the residents. Questioning the residents could help the Officer understand the reason why the residents are possessing illegal narcotics. The Officer can also use the information provided as evidence in court. When questioning the residents, the Officer should notify them about their Miranda rights before questioning them since they are protected by them (Locke, 2021). For instance, the residents can remain silent since the prosecutor can use anything they say against them in court. The Officer should also notify the residents that they have a right to have a lawyer. The Law requires Officer Landonio to take different actions during this process. One of the actions is that he is supposed to document and seize the evidence properly. For example, the Officer should...