There are clear rules as to when citizens can and cannot make an arrest. For example, you cannot make an…
The Fourth Amendment was set in place to protect society from unlawful police work. When it comes to apprehending criminals and ensuring their conviction, evidence needs to be gathered before hand. To do so, there is a lengthy process to be followed; the search and seizure method, the arrest, reasonableness, and right of privacy methods. However, there are laws that can protect officers in the line of duty or make accommodations to police work while in the line of duty. One law that helps protect police officers during the line of duty is the “stop and frisk.” However, for an arrest to take place there must be probable cause in that it must be more than likely than not that a violation of the law has been committed and the individual arrested committed the…
Officer Jane Roberts got pregnant by the FTO, Andrew Tibbets. The FTO is not willing to leave his wife and now will not have anything to do with Officer Jane Roberts. There was a confrontation and Sergeant Williams witnessed it but never mentioned it to either one of them, thinking that they could take care of it themselves. Well, since the FTO now wants nothing to do with Officer Roberts, she went to Sergeant Williams to let him know what was going on between the two of them. She told him that she was pregnant and that the baby was Officer Tibbets. The Sergeant informed her that she would have…
1, do you think the conduct of the officer is a "search" within the 4th Amendment requiring a warrant? Why or why not?…
A Court cannot conduct a mini trial at the time of considering a bail application.141 At the stage of granting of bail, the Court can only go into the question of the prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.142 The Court is not expected to go deep into the probative value of the material on record in bail matters. This is to be considered and taken into account by the Trial Court at appropriate stage after evidence.143 In a case relating to allegation of torture of wife, it was contended…
False Arrest...Generally speaking, an arrest is defined as any type of situation that you are involved in with an officer where you are not free to leave. If you are under arrest, the next question that should then be asked is what is the reason for the arrest. If the officer does not have a valid reason for arresting you, then you may have a false arrest claim. Take the following example. A police officer sees a young lad standing on the corner, alone, minding his own business. The officer comes up to young man and tells him that he must submit to a search (pat down search). The boy says no and the officer tells him that he must submit. The boy again says no and the officer forces him into the squad car and takes him down to the station. After searching the boy at the station and checking his background, the officer releases him. The young man has a valid false arrest claim. He was arrested without any valid basis whatsoever and brought down into the…
A police officer has powers to stop and search you if they suspect you are carrying; Illegal drugs, a weapon, stolen property, something that can be used to commit a crime e.g. a crowbar.…
This is a myth: as long as police have probable cause to believe a suspect has committed a crime, the arrest is valid. The decision in Miranda v. Arizona essentially is that "The prosecution may not use statements stemming from custodial interrogation of the defendant unless it demonstrates the use of safeguards effective against self-incrimination". This means that any time a person is in custody and subject to interrogation, the police must apprise the person of his rights, or the statements are inadmissible in…
Criminal justice is a profession that is widely known around the world. Many people dream about pursuing a career in the law enforcement field. The law enforcement field like any other profession has its own terminology, to be effective as a police officer, lawyer, or detective a person must have a good general knowledge of the law enforcement field terminology. This paper will explain and define some law enforcement terms such as Pseudospeciation, social constructions, bigotry, racism, hegemony, disparity, and discrimination.…
Other conditions on the searches incident to arrest exception include the use of force, the search of other individuals with the arrested individual, searching the vehicle of an arrest…
In searches of a car pursuant to a valid arrest, officers can search the passenger compartment of a car and anything inside even when arestee is already in the police car. Police may search inside of a vehicle when the officer has reasonable belief that the car contains evidence of the offense the suspect is arrested for. An officer cannot search if he only gave a traffic citation and did not arrest the…
Most people do not realize that arrest records for every person in the community can be accessed completely free by anyone who has an interest..…
Just imagine one day you are driving to work and while you are driving you see red and blue light behind you. Well we all know what this means, the police is behind you so we do what everyone does pull over expecting he will just pass us. As you are slowing down you notice that the officer is slowing down with you. You are curious, you do not believe you were spend but are not sure maybe a tail light is out? The officer gets out his car walks up to your vehicle and tells you to step out of the vehicle, you oblige, he tells you to turn around and he cuffs you and puts you in the back of his police car. The officer then proceeds to search your vehicle looking for something. What would be going through your mind at that time would you be thinking where is my rights maybe you would think this is unlawful? After the search, you seen the officer clearly did not find what he is looking for so you are expecting to be release with an apology! But this does not happen instead he gets in the police car and takes you down town. I could just imagine what is going through your mind know “What is that law that protects me from this.” You were not read your Miranda rights you did not give permission to search the vehicle and you were not told what you are being arrested for. Know we both know what you are thinking dollar signs because we both know this is not lawful. This is harassment and the Constitution protects all citizens against this type of punishment.…
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred’s dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. During the processing of his arrest paperwork, the officers search Fred’s possessions which he brought to the station, and a small quantity of cocaine is found in Fred’s pocket. Fred is charged with DWI, leaving the scene, and possession of cocaine. What issues do you see? How should they be resolved? (50 points)…
Police now a day are always trying to use more authority than they actually think they have because most people don’t know their rights. Cops will try to use what they can to arrest you for lying to them, and will threaten you. Being under arrest and being detained are two different things when being stopped. If you know your rights, just cooperate with the police officer, and if you’re not in any wrongdoing there should be no problems with you leaving the scene in no harm or handcuffs.…