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Criminal Law and Procedure - Essay Example

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1) Assume a law enforcement officer has cause to arrest a defendant for armed assault, and he also has probable cause to believe that person is hiding in a third person's garage, which is attached to the house. What warrants if any does the officer need to enter the garage to arrest the defendant What if the officer is in hot pursuit of the defendant Is known to be injured and unarmed Provide evidence to support your answer.
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Criminal Law and Procedure

Download file to see previous pages... If the officer is in hot pursuit of the defendant the officer may make a warrant less search of the subject2, but other circumstances need to indicate probable cause to apprehend the suspect or make a warrant less entry into a private home3. Flight alone would not merit probable cause4, but the immediate knowledge of the defendant in flight of a felony such as armed assault would be probable cause and justify an arrest.
If the suspect is injured and unarmed then the officer may still enter the garage under the emergency doctrine. Under the emergency doctrine, law enforcement officers may enter a dwelling without a warrant when they reasonably believe that a person within is in need of immediate aid5.
2) Formulate a set of circumstances in which there is probable cause to search but not arrest, in which there is probable cause to arrest but not probable cause to search, in which there is probable cause to both arrest and to search.
At 9:35pm officer McCoy notices a blue sedan parked in the parking lot of Clemency Park. Clemency Park is not open to the public after 9:45pm. Officer McCoy gets out of his cruiser and approaches the blue sedan with the intention of informing the driver that he will not be allowed to be on Park ground including the parking lot in another 10 minutes. Officer McCoy, who is familiar with the smell of marijuana, catches a strong odor of marijuana 3 feet from the blue sedan. The officer takes note that there are no other vehicles in the parking lot and the odor must be coming from the sedan. Officer McCoy approaches the vehicle with his flash light positioned toward the driver side and knocks on the driver side window. The driver rolls down the window. Officer McCoy catches an even stronger sent of marijuana coming from the inside of the vehicle. Upon questioning the driver refuses to answer any of the officer's inquiries. Officer McCoy now has probable cause to search the vehicle. After a search of the driver's person and vehicle Officer McCoy found no drugs or drug paraphernalia or any other contraband. The officer had the right to make a warrant less search but not a warrant less arrest.

Probable Cause to Arrest but not Probable Cause to Search

Mr. Tomas was distributing pamphlets in the lobby of a Masonic Temple. An authorized representative of the temple asked Mr. Tomas to leave the building. Mr. Thomas refused to leave the building and continued distributing pamphlets. About Ten minutes later two officers arrived by call of the temple representative. The officers asked Mr. Thomas to leave the temple. Mr. Thomas refused to comply with the officer's request. The two officer's subsequently arrested Mr. Thomas on the charge of Trespassing. The officers had probable cause to arrest Mr. Thomas but no cause to search without a warrant.

Probable Cause to both Arrest and to Search

At 1:15am The 35th precinct had gotten reports from two different calls that gun shots were fired at residence 56 West Elmhurst. The nearest police cruisers responded to the radio dispatch. Three cruisers appeared on the scene and parked in front of the residence. ...Download file to see next pagesRead More
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