Preliminary Investigations - Assignment Example

Preliminary Investigations for Martese Johnson Preliminary Investigations for Martese Johnson Despite drawing a lot of criticism and controversy regarding the manner how the arrest of Johnson was handled, the arrest serves as a specific recent case example in the U.S that is essential in examining the preliminary investigations for an arrested suspect. Johnson is a University of Virginia black student who was arrested on mid-March 2015 who was arrested by officers from the Department of Alcoholic Beverage Control (ABC) located in Charlottesville (King, 2015).

Although Johnson sustained injuries during his arrest prompting demonstrations among students and criticism of police brutality across the society divide, the facts of those allegations are yet to be confirmed. His arrest however, provides a good platform in assessing the preliminary protocols in the U.S criminal justice system. The first consideration relates to the facts behind Johnson’s arrest that according to the charges that the ABC officers relied on. The incident leading to the arrest of Johnson started when he was denied entry into a bar the day that marked St.

Patrick’s celebrations (Yarn and Ford, 2015). Johnson, currently aged twenty years falls under the U.’S legal drinking age of twenty one years that is equally upheld in the state of Virginia. The National Minim Drinking Age Act of 1984 sets the drinking standards within the U.S as for individuals above the age of twenty-one years through either public possession or purchase. The allegations against Johnson indicate that during his time of arrest, he was intoxicated and equally resisted arrest.

The arrest of Johnson falls under two counts, first, he contravenes the 1984 Act of minimum age drinking and secondly, he obstructs justice.The second aspect under consideration relates to the actions taken by the investigating officers where Johnson was taken to custody for further questioning and assessment as to his level of intoxication (Yarn and Ford, 2015). Further actions relates to inquiring information from both the offender and the bar operators where the incident begun once Johnson was held back.

From the information provided, those who turned Johnson back argue on the basis of his age while Johnson through his attorney present a different story. After the investigations, the requirement of every suspect is to adhere to the next step in the criminal justice system. Failure of sufficient evidence linking the suspect with the crimes may cause a stop to the case. Consequently, the suspect may be detained where he fails to adhere to the requirements of the criminal justice system or serves as a hindrance to justice once in public.

However, detaining of the suspect is only achievable through gaining a court order that warrants arrest of the suspect. Again, while considering preliminary investigations in the U.S, it is important to consider probable cause that leads to search seizure evidence. In that perspective, search seizure is probable won the victim considering that he is black and subjected to racial profiling; however there is lack of evidence linking the suspect to any property found during his arrest as his case involves drinking.

The modus operandi of the case is simple as the suspect and his arrest took a simple practice and the investigating officers required little or no traces to arrest the suspect. In conclusion, whether the case of Johnson remains controversial over the asserted allegations of police use of brutality, it provides a clear and consequent approach to preliminary investigations in the U.S criminal justice system. ReferencesKing, S. (2015, May 6). New evidence shows the arrest of UVA student Martese Johnson was based on lies.

Retrieved from http://www.dailykos.com/story/2015/05/06/1382834/-New-evidence-shows-the-entire-arrest-of-UVA-student-Martese-Johnson-was-completely-illegal#Yarn, H., & Ford, D. (2015, March 20). Black UVA student Martese Johnson arrested, bloodied - CNN.com. Retrieved from http://edition.cnn.com/2015/03/19/us/uva-police-brutality-allegations/