If the Prosecution Requests a Court Order Authorizing Surgery to Obtain

question 55

Multiple Choice

If the prosecution requests a court order authorizing surgery to obtain physical evidence from a suspect's body, the judge will:

• A) Grant the request as long as there is an affidavit with sufficient facts to establish probable cause for the suspect's arrest
• B) Grant the order only if there is medical testimony that the procedure is not life-threatening
• C) Grant the order if the prosecution's need for the evidence outweighs the medical danger to the suspect
• D) Deny the order because surgery on the suspect to recover evidence to be used by the prosecution violates Due Process

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