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Camila, who is 15 years old, was at the mall with her friends when she was grabbed by a police officer. The police officer took Camila's backpack from her and began to search through it. Camila asked why he was doing so, and the officer said that she looked like a thief. After going through the bag, the officer pulled out a watch with the price tag still on it. The police officer contacted the store and found out that it had been stolen. Camila was then taken into custody by the officer, who informed her that she was being charged with shoplifting.

In what way were Camila's rights violated in this situation?

A.
The officer did not adequately notify her of the charges she was facing.

B.
She was not permitted to call her parents before she was placed into custody.

C.
An officer must have probable cause to legally search a person.

D.
A minor may not be taken into custody for a nonviolent offense.\

Sagot :

Answer: C.  An officer must have probable cause to legally search a person.

Explanation:

Camila's right under the 4th Amendment was violated. This Amendment protects her from unlawful searches and seizures unless probable cause is given.

The probable cause of Camila "looking like a thief" is profiling and is therefore not good enough, so in taking her bag from her and going through her personal belongings, he violated her rights in relation to this Amendment.

Effect of this is that even though Camila may have stolen the watch, she will not be punished because her rights were violated when making the arrest thereby invalidating the arrest. The officer needs to do better in future and abide by the law even when stopping crime.