the cause of Sam’s abuse‚ it is a logical presumption to conclude since he was the one possessing the Marlboros. This case can similarly be connected to the Draper v. United States 358 U.S. 307 (1958). In the Draper case‚ the arresting officer had probable cause to arrest petitioner without a warrant and that the follow-up search and seizure was lawful. In the case of Joe Thug‚ both the officers went to check the reported scene of abuse without a warrant. Since the officers had probable cause they
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Police Discretion Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response‚ let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood‚ carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives
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a motion to suppress the guns. The State took the position that the guns were seized following a search incident to a lawful arrest. However the trial court rejected that States theory stating it was a far stretch that Detective McFadden had probable cause to arrest the men prior to the pat down. The trial court denied the defendant’s motion as well‚ basing their decision on Detective McFadden’s‚ “experience
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MEMORANDUM ISSUES I. Whether the e-mails written by Summer and Ryan are admissible‚ and if so‚ for what purpose(s)? II. Whether the dating privilege applies to Summer. III. Whether the seizure of the packet of white powder was proper. SHORT ANSWERS I. The e-mails written by Summer and Ryan are admissible because they express the feelings and mental states of both Summer and Ryan‚ and those feelings are material to this case. In addition‚ the e-mails can be authenticated and are therefore
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“reasonable cause to believe that the defendants were conducting themselves suspiciously”. This led the court to find the suspects guilty of these charges. Issue The legal issue of this case is whether or not the detective was unreasonable search and seize a persons’ belongings without probable cause for an arrest. Petitioner’s Argument The petitioner’s argument was that Detective Mcfadden had violated the fourth amendment of the suspects by stopping them and frisking them without any probable cause
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Running Head: THE PRESUMPTION OF INNOCENCE OF THE DEFENDANT. Name: College: Course: Tutor: Date: Introduction Presumption of innocence is awarded to the defendant in any court proceedings‚ as stated in the due process clause of the fifth and fourteenth Amendment. The principle dictates that each and every person is assumed innocent until proven otherwise. This principle is considered in many countries and it becomes the responsibility of the prosecution to prove that the defendant is guilty
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restrained and one feels like he is not free to leave. Plainview doctrine- Officer is where he has a right to be and it must‚ immediately apparent evidence of crime or contraband‚ Right of Access to it‚ no need to be inadvertently discovered. Probable cause- Totality of circumstances and reliability factors from Aguillar/Spinelli/Gates 5th Amendment right to counsel- Right to counsel all questioning must cease unless they initiate further contact with the police. 5th Amendment right to Counsel-
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Running Head: PROBABLE CAUSE 1 Probable Cause leading to Search Warrant’s Nicole Yaniero AIU Online PROBABLE CAUSE 2 Abstract This paper discusses the underlying circumstances to obtaining a
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personal and social accomplishment. Developing plans from the beginning to the end‚ while maintaining the focus to succeed is crucial. Without personal responsibility ones visions and ideas for progress have a probable cause to be defeated. Having a lack of personal responsibility may cause one to fail academically‚ as well as struggle to get started in a professional career. Personal responsibility allows one to be able to focus on preserving new information as you discipline yourself to learn new
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Case Study Analysis By CJ227: Criminal Procedure Officer Smith did have reasonable suspicion to make the initial vehicle stop. The taillight appeared to have been broken and there was colored tape so there was probable cause to pull the driver over. Police Officers may pull a vehicle over for many reasons like traffic violations‚ equipment violations and even suspicious activity whenever they have a reasonable articulable suspicion that a public offense is occurring or has occurred. When
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