Asked by Jennifer Osorio on Apr 28, 2024

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Masked Bandit.Barry,who owned a small convenience store,was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him.As the bandit ran out of the store,Barry grabbed his own gun and shot the bandit in the leg.When the police arrived,Barry was arrested along with the thief.Barry claimed that no charges should be brought against him because his action in shooting the robber was justified.After the arrest,the officers searched his store and found marijuana.When Barry complained about the arrest and search,the officer in charge told him that because the state police were involved,federal constitutional rights were waived.Barry is trying to obtain legal representation in an attempt to get out of jail,but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police.Sam,another inmate,asks Barry if the officers explained his rights to him; but Barry only recalls being arrested,hustled into the police cruiser,and whisked off to jail.Which of the following is Barry's best defense,if any,regarding the arrest and search?

A) That the police lacked probable cause.
B) That the police violated his Bertinelli rights.
C) That the police violated his right to nolo contendere.
D) That the police mistook his identity for that of a thief.
E) That the police entrapped him.

Probable Cause

A reasonable ground for belief in the existence of facts warranting certain actions, such as the issuance of a warrant.

Nolo Contendere

A legal plea whereby a defendant in a criminal case does not admit guilt but also does not dispute the charges, allowing for a conviction without an admission of guilt.

  • Ascertain the legal measures protecting against self-incrimination and unauthorized searches, and grasp the concept of the right to a lawyer.
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MK
Marcel KrolczykMay 02, 2024
Final Answer :
A
Explanation :
Probable cause is an essential element for a valid arrest,search,or warrant.