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Questions on Law - Assignment Example

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How the prosecution is likely to respond to the motion and how the judge is likely to rule
The suspects were booked after the police followed a tip of their involvement in a crime. …
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Download file to see previous pages The police officer who witnessed their act together with his back up team issued citation for the suspects. The gang moved a motion for dismissal of their cases on the ground that their citations were issued by officers who lacked probable cause. Legal principle: Prosecution’s reasoning The case is based on the principle of probable cause for making an arrest. Under the principle, a police officer can make a warrantless arrest, and citation, if there is a sufficient probable cause. A police officer can justify the move under probable cause in two circumstances. The officer must be able to explain the information that led to the assumption that the suspect was involved in a criminal act and the officer’s move must have been based on the suspected cause (Bergman and Berman, 2011). The likely ruling In the cases of Maryland vs. Pringe, Ybarra v Illinois and the case of State v. Sokolow, it was held that the presence of an incriminating evidence and reasonable suspicion form ground for sufficient probable cause to arrest a suspect. It was further held, in the case of Alabama v. White, existence of probable cause is sufficient. The judge is therefore likely to uphold the case due to sufficiency of probable cause that the officers had (Bergman and Berman, 2011), (Carmen, 2009), (Meeker, 2004)....
The gang can use this principal to suppress the paper (Meeker, 2004). Prosecution’s likely argument The law exempts the need for warrant before a search in cases where the searches are immediately related to an arrest. In the case of Colorado v. Bertine, the courts held that searches of a person’s possession are admissible if the search is done within the immediate scope of the arrest. The prosecution can thus argue that the retrieval of the paper was incident to the issuing of citations and therefore admissible (Carmen, 2009). The judge’s likely decision The judge is likely to uphold the evidence. This is because the suspects were under the authority of the police and the case of Colorado v. Bertine would be more applicable (Carmen, 2009). Question 3 Search of Ma’s car Tony accepts citation and gets into Ma’s car. A police officer then asked to search Ma’s car and she sped off. Legal status of the search Ma was obliged to let the police officer search her car. Reason Search on motor vehicles are governed by the Fourth amendment. Under warrantless search and frisk, a motorist can be searched on two grounds. The motorist must have been reasonably suspected of association with a criminal act. A search is also called for if the police officer feels threatened. The basis of a motorist’s association with a criminal act was established in the case of Pennsylvania vs. Mimms in which it was held that there must be a legal ground for stopping the car (Carmen, 2009). Persuading the court that the search was invalid A search, considered as a breach of a person’s privacy, is valid if it is done legally. The general rule for warrantless searches is that they have to be done with free consent of the suspect ...Download file to see next pagesRead More
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