Question

You are having dinner at your favorite restaurant when it begins to rain. As you are leaving, you decide to take an umbrella from the umbrella stand to keep from getting soaked. You intend to return the umbrella to the restaurant the next day, although you say nothing to the restaurant's employees of your plan. When you arrive home, you enter the house and leave the umbrella beside the door so that you can find it in the morning. A few minutes later, there is a knock at your door. When you answer it, a police officer is standing outside, and she states that she wishes to speak to you. As it is still raining, you invite the officer inside. Once inside, she sees two things: (1) the umbrella, and (2) a sandwich baggie laying on your coffee table that contains a green, leafy substance. The officer then picks up the umbrella and the baggie. She immediately asks two questions. First, she asks if you are the owner of the umbrella, to which you respond in the negative. Then she asks whether you are the owner of the baggie containing the green, leafy substance. To this you respond in the affirmative. The officer then places you under arrest, and says that you are being charged with larceny of the umbrella and possession of marijuana. Prior to your trial, you tell your lawyer that you believe the seizure of the umbrella and the baggie violate your constitutional rights under the 4th Amendment of the U.S. Constitution (which you learned about in Professor Buscaglia's class). You also tell your lawyer that the statements you made to the police officer about the umbrella and the baggie were obtained in violation of your 5th Amendment rights. Finally, you tell your lawyer that you cannot be convicted of larceny of the umbrella. In your answer, fully explain: a. Whether your 4th Amendment rights were violated; b. Whether your 5th Amendment rights were violated; and C. Whether you can be convicted of the crime of larceny for taking the umbrella

Answer 1

1. The Fourth Amendment of the Constitution was developed with the objective of protecting individuals from any kind of invalid search and seizures. As per the Fourth Amendment an individual cannot be searched or seized by a police officer without having a valid search warrant or a probable cause. In the given case, there was no search warrant presented to the subject. Moreover there was no substantial probable cause which was present in the scenario. Hence the Fourth Amendment Rights of the subject were violated.

2. The Fifth Amendment Rights of a person states that no law can compel him or her to testify against himself or herself in any kind of criminal case. The individual has been bestowed the right to remain silent. Moreover the person cannot be subjected to a second trial for the same crime or offense that he or she has been trialed previously. In the given case, the 5^th Amendment rights of the subject have not been violated as there is no second trial. Moreover the subject has not been compelled to testify against himself. Hence there is no violation of the 5^th Amendment Rights.

3. Crime of larceny basically is the crime under which the accused has taken a property of someone else without taking proper permission or approval for doing the same. In the given case, the subject did take the umbrella of the restaurant without taking prior approval of the restaurant management or staff. The subject also did not inform the restaurant management about the same. Hence he can be accused of the crime of larceny.