CCJS 234 7380 Criminal Procedure and Evidence (2148)
02 November 2014
Warrantless Search and Seizure Memoranda
To: Judge Kratovil
From: Lakeitha Walker
RE: Elliot Watson Case – Marijuana Possession with Intent to Distribute
Prosecution
Date: 2 November 2014
Brief Summary:
Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones, from her home. Based on the description of the kidnapping victims’ vehicle description and the kidnappers clothing and the vehicle mechanical problems of Mr. Watson’s vehicle, a Fiat sports coupe and clothing which fit the description of the kidnappers clothing as well, Johnson pulled vehicle over for a police “car stop”, based on the fact that Mr. Watsons’ Fiat Sports Coupe fit the minimal description of a vehicle used in a three year old child kidnapping that happened at 3: 00 A.M., Officer Timothy Johnson was patrolling the area where the kidnapping occurred and noticed that a Fiat Sports Coupe car was having mechanical difficulties: stuttering and stalling. Officer Johnson decided to pull the vehicle over and get the license and registration from the driver and to visibly check the driver for any kind of medical imparities’. Officer Johnson ran the license plate number through the DMV and found that the vehicle belonged to a Ronald Wilson. Mr. Watson vacated his vehicle and was approaching Officer Johnson at which time Officer Johnson got out of his vehicle and asked Watson to place his hands on the hood of the patrol car, and proceeded to pat down Mr. Watson, upon the pat down of Mr. Watsons’ person, officer Johnson found a “hand carved pipe
Bibliography: Beckham, Diane Burch. (2011). Warrantless search and seizure: distinguishing exigent circumstances from community caretaking. The Prosecutor: Jan. to Feb. 2011, Vol. 41, No. 1. Cases Cited: Arizona v. Gant, 556 U. S. 332 (2009) Carroll v New York v. Belton, 453 U. S. 454 (1981) State v Stewart v. Texas, 681 S.W. 2d 774 (1984) Terry v United States v. Jacobsen, 466 U.S. 109 (1984) Websites: