Criminal Justice Research Paper
1. Fred is bashed and active his dad's car. Fred is a 21 year old apprentice at Columbia College. Fred rams into a anchored car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjoining lot. He sprints to his abode allowance in Miller Hall. A acquaintance saw the bones and Fred active to the dorm. Badge are alleged and they admission ten account afterwards the wreck. The admiral see several abandoned beer cans and a canteen of tequila (half full) in the advanced seat. The tags are traced to Fred's dad, who is alleged by police. Dad says that Fred is a apprentice at Columbia College.
Police run Fred's almanac and actuate that he has two above-mentioned DWIs aural the accomplished bristles years. The third DWI in 10 years is a felony. Badge acquaintance Columbia College aegis who leads them to Fred's dorm. Fred is anesthetized out, so aegis lets them in. The admiral aroma intoxicants, accord Fred some Field Sobriety tests (he fails) and affirm that he was active the car. Fred is arrested for DWI. It is his third offense, a abomination beneath Missouri law. Fred is accustomed a animation test, which registers at . 13 on the scale. During the processing of his arrest paperwork, the admiral search
Fred's backing which he brought to the station, and a baby abundance of cocaine is begin in Fred's pocket. Fred is answerable with DWI, abrogation the scene, and control of cocaine. What issues do you see? How should they be resolved? (50 points) First of all this, is a acknowledged arrest. A acquaintance saw the bones and Fred active to the dorm. That is acceptable in itself to authorize apparent account to arrest Fred for abrogation the arena of an accident. The aftereffect badge analysis added added factors to authorize apparent account to arrest for DUI and abrogation the scene.
A prosecuting ttorney will present affirmation that a) Fred has no account for the time and date the abomination occurred, b) he larboard affirmation at the arena and in his vehicle, c) he bootless the Field Sobriety Tests, d) he blew a . 13 on the breathalyzer, e) and he has accomplished annal of DWI, and f) he was begin to accept control of cocaine. The prosecuting advocate uses this alternation of specific examples to prove Fred committed the crimes. There would be an affair of whether it was acknowledged for the aegis bouncer to accord admission to Fred's room. This affair would be bound because it is absolutely acknowledged for aegis uard to accord admission due to acute circumstances. . Cole County assembly access a chase accreditation for Mike's bivouac for controlled substances. The accreditation was based aloft advice provided by an informant, some administrator corroboration, and the actuality that Mike has a accomplished almanac for biologic offenses. The assembly assassinate the warrant. As it turns out, Mike has no accomplished almanac for drugs, the cloister agent fabricated an error. This agency the accreditation will be begin defective in apparent account by the appellate court. While active the warrant, they beam ample quantities of controlled substances, which they seize. While they are active the accreditation a man drives up and knocks on the door.
The admiral apprehend the man during the search. The dog accompanying the admiral begins to case at the man's trunk. The admiral accessible the block and see ample debris accoutrements with a actuality which smells and looks like marijuana. This man (Larry) is arrested for control ot marijuana. Mike is answerable witn control ot a controlled substance. Are the drugs acceptable in Cloister adjoin Mike? Why or why not? What about Larrys case, are the drugs admissible? Why or why not? (50 points) Whether this chase is acknowledged or not depends on the exact affairs beneath which it was conducted.
In a bearings like this, the badge accept the ascendancy to stop and apprehend anyone advancing to or abrogation the abode as they admission to assassinate the chase warrant. Already you are accurately detained, they accept the appropriate to conduct at atomic a pat bottomward chase for administrator assurance purposes. If the drugs were begin as a aftereffect of the pat bottomward search, there is no agnosticism that it was a acknowledged chase and seizure. Whether they could go added than a simple pat bottomward would depend on alternative factors, such as chat amid the cops and the etainee, as able-bodied as alternative action in the actual around and possibly alike statements by alternative bodies at the scene.
Determining for abiding whether there are area to article to the chase and access requires analysis of all of the letters apropos the case. Depending on the attributes and abundance of the drugs seized, this could possibly be a austere case. In any event, the being complex should argue with a bent aegis advocate or, if he cannot allow clandestine counsel, with the accessible apostle if he is charged. Administrator had apparent account to affect a cartage stop afterwards he empiric actor ollowing too closely.
Defendant's and passenger's behavior afterwards stop provided reasonable suspicion to aggrandize the detention, and a absolute biologic dog detect provided base for chase of vehicle. I'm not acquainted of acumen that the estimation of the 4th Amendment would be any altered in Oklahoma than it is in any alternative state. All states accept to chase the US Supreme Court's decisions on 4th Amendment issues. It would be accurate that already an administrator has conducted a pat bottomward chase and bent that there are no weapons, he is not accustomed to go added in analytic after either accord or a warrant.
On the alternative hand, it is not the law anywhere that such a chase charge be bound to the feel of a gun. Any article which ability possibly be acclimated as a weapon can be retrieved during a pat bottomward search. Whether retrieval of a bag of blockhead from the suspect's abridged would go above the acceptable ambit of the pat-down chase would still depend on the accumulation of the circumstances, including what the bag of blockhead acquainted like (for example, was it a adamantine article that could be a weapon or a bendable artificial baggie). There is addition issue, as well.
If this being is abrogation a abode for which a chase apparent has been issued, the badge already accept a reasonable suspicion of captivation in bent action which would Justity a apprehension above a simple pat- bottomward and identification. What abroad is said and done by others at the arena (cops and suspects) and what is begin in the chase may Justify extending the apprehension of the being who was abrogation as a accessible doubtable in biologic sales or possession. The chase you asked about occurred beneath analogously acute circumstances, the affirmation was calmly disposable and the advance was actual limited.
So, it seems to e, the affirmation bedeviled beneath the affairs you declared would still be admissible. 3. Kyle and Mel are detectives in the acreage crimes unit. They are investigating a case of abrogation the arena of an accident. The victim's car appropriate an appulse on the appropriate advanced bonanza of victim's car. While campaigning a adjacency on addition matter, Mel sees a car anchored in a garage. The barn is absorbed to the house, but the aperture is open. The car shows concrete accident to the larboard rear division console with smudges agnate to those on victim's car.
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