You are investigating a burglary case that occurred a few days earlier.
You are investigating a burglary case that occurred a few days earlier. One masked suspect entered an electronics store by breaking a large window with a concrete block and took 15 smartphones. The surveillance footage from the store showed a male, unknown race, wearing a white mask, black pants, black top, and red shoes. A witness reported seeing a red car, possibly a four-door, fleeing the scene just before patrol officers arrived.
It’s three days after the burglary. You receive an anonymous tip that a red two-door car is in an alley in a high-crime area and the male driver was seen placing smartphones on the front passenger seat of the vehicle. As you arrive in the alley, you see what you believe is the driver placing five other smartphones on the front passenger seat. He is not wearing clothes matching the suspect, but his physical build appears similar. You believe the vehicle matches and the smartphones may be the stolen ones taken from the burglary of the electronic store. The male sees you, quickly scampers into the driver’s seat, and slowly drives away.
You make a traffic stop (the vehicle stops), and you speak with the driver at the driver’s side window. You explain your observations to the driver. He nervously replies, “I do not know anything about a burglary,” although you never mentioned a burglary. You arrest the driver for burglary. You notice 15 phones sitting on the front passenger seat. You inspect the phones and confirm they were taken during the burglary.
Initial Post
In your first post, submit by 11:59PM, Tuesday, April 9, address the following:
Does reasonable suspicion exist to make the traffic stop? Explain and justify your position.
Does probable cause exist to arrest the man for burglary? Explain and justify your position.
If reasonable suspicion or probable cause did not exist, what additional information could you have gathered to reach the level of reasonable suspicion or probable cause?
Reply Post
In your reply post, submit by 11:59PM, Saturday, April 13, address the following:
Confirm whether you support or disagree with student’s comments regarding the authority to make the traffic stop and to make the arrest. Comment about any other facts or information the student mentioned that you had not thought of. Explain your comments with detailed comments.
Criminal Statutes Report
Competency:
Explain the principles of criminal law.
Scenario:
As a new patrol officer, you have been given a task by your field training officer to demonstrate your understanding of how to locate a criminal statute to make an arrest and charge someone with a crime.
Instructions:
Look up 5 crimes (felonies) in your own state crime statutes link.
If you cannot locate the statutes for your own state, you may use one of the 2 states (MN & NJ) whose links have been provided below.
New Jersey State Statutes
Minnesota State Statutes
Then type the following information for each of the five selected criminal state statutes into a report:
State Statute Number & Title
Elements of the Offense
Category of each crime, is it a misdemeanor or felony?
Explain the features of each crime
After your information for all five crimes, briefly explain why application of criminal state statutes is important for exhibiting principles of ethical conduct and professional behavior.
Legal Analysis of Officer Marshall’s Traffic Stop and Subsequent Actions
Scenario
Officer Marshall, a traffic officer, is working patrol in a school zone, watching for speeders. Officer Marshall sees a vehicle in the rearview mirror approaching the officer and that appears to be traveling faster than the posted speed limit. Officer Marshall activates the radar and confirms the driver is speeding.The vehicle passes Officer Marshall’s patrol car. Officer Marshall pursues the driver and attempts to initiate a traffic stop. Officer Marshall can see the driver moving around inside the vehicle as if the driver is trying to hide something. The driver finally pulls to the shoulder of the road.Officer Marshall exits the patrol vehicle and walks up to the stopped vehicle. As Officer Marshall approached the vehicle, the passenger jumped out of the front passenger side vehicle and runs away, dropping a duffel bag as he struggled to hold his pants up while running. The driver tries to drive away, but the officer is able to stop the driver from doing so.Officer Marshall recognizes the driver as a convicted felon for narcotics and weapons charges. Officer Marshall orders the driver out of the vehicle and conducts a pat down. Officer Hankins, a backup officer, sees the duffle bag on the ground that the passenger dropped. Officer Hankins opens the duffle bag and looks inside, finding 2 large Ziplock bags containing a white, powdery substance.Due to Officer Hankins’ discovery, Officer Marshall arrests the driver and places him in the patrol car. Both officers then search the vehicle and find $1500 in cash in the middle console and 10 pocket-size baggies containing a white, powder substance packaged for sale. All items found during the traffic stop are seized as evidence.Investigation reveals that the white, power substance in the plastic baggies found in the duffle bag and in the vehicle is fentanyl. The driver is charged with possession of fentanyl and possession with the intent to distribute. The driver’s defense attorney files a motion to suppress the fentanyl found in the duffle bag and the vehicle.
Instructions
Prepare written answers to the following questions. Support your answers based on relevant landmark U.S. Supreme Court cases and on what you have learned from your textbook or course materials.
Explain what amendment applies to Officer Marshall’s actions in making the traffic stop
Explain whether Officer Marshall had a lawful reason to make the traffic stop, including discussion of level of proof officer needs to make a traffic stop
Explain whether Officer Hankins’ warrantless search of the duffle bag was a lawful search. If so, what exception to the warrant requirement applies.
Explain whether Officers Hankins and Marshall lawfully searched the vehicle, finding the drugs in the center console. If so, what exception to the warrant requirement applies.
Identify the standard of proof to make an arrest and explain whether Officer Marshall lawfully arrested the driver.
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