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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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During a private gala at a mall, a mall security guard (private security) witnesses a guest grab and run off with a designer bag from another guest. The guard pursues the suspect and, without a warrant, apprehends him inside a private gym located within the mall’s premises. There is no immediate danger to life or limb. The arrestee resists briefly and is then handed over to on-site police officers for custodial processing. He later moves to suppress his statements and any physical or documentary evidence obtained as a result of the arrest. (a) Identify the controlling rule on warrantless arrests and apply it to these facts; is the arrest lawful without a warrant? (b) If the arrest is unlawful, discuss the admissibility of the suspect’s statements and any physical or documentary evidence obtained as a result of the arrest. (c) Discuss ethical considerations raised by the involvement of a private security guard and the manner of the arrest.

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Clara

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