StudentShare solutions
Triangle menu

The Case of Mr. A: Bad Bust - Essay Example

Not dowloaded yet

Extract of sample
The Case of Mr. A: Bad Bust

The basis for the murder charge in this case hinges on the use of the blood evidence found on Mr. A's shoes as an indicator that he was at the scene of the crime proximate to the death of the victim. The collection of that evidence eight days after his arrest on unrelated charges constitutes a search and as such, is subject to a two-prong test of the standard rules of evidentiary procedure as well as the doctrine of "reasonableness."1 This particular search fails on both prongs.
First, the police waited too long to take Mr. A's clothing to the forensics lab. Had the officers decided to have the clothing tested when they discovered that Mr. A had an outstanding warrant, they might have been able to make a case for a search incident to arrest and tied the two incidents together. That itself would probably be questionable, however, due to the fact that the arrest was for a parole violation and not related to the murder. Certainly, waiting eight days to send the clothing over to the lab constituted a search and seizure of Mr. A's property; one that required more than simply obtaining the clothing from the evidence locker and sending it to forensics for analysis. For this search to be conducted at such a late date and still remain within the rules of evidence collection, the police officers needed to provide a judge with probably cause so that a search warrant could be issued. The police are not allowed to simply go on a fishing expedition, even though they might suspect that Mr. A could be more than a material witness. Accordingly, the subjection of the clothing to the lab violates the rules of evidence collection under standard criminal procedure and fails the first prong.
Similarly, the search of Mr. A's clothing violates the doctrine of reasonable expectation. As Saltzburg (2003) notes, "[t]he Supreme Court has long used a standard of reasonability to determine what citizens should be able to expect from encounters with law enforcement officials as well as how officers should act" (p. 145). There is no doubt that Mr. A had the right to expect reasonable behavior from the police regarding the murder investigation. First, this reasonable behavior on the part of officials might have included a search of his property within the scope of the charges for which he was arrested. Had the officers been gathering evidence of his parole violation, they would have been reasonably acting in accordance with the rules. Second, Mr. A could reasonably expect that if he was considered a suspect in an investigation unrelated to the parole violation charges, he would be advised of that inquiry so that he could retain counsel or inform his attorney and protect his rights. This did not happen prior to the search. Finally, after being advised of the new charges pending against him, Mr. A would have the right to expect the police to act in a timely manner and perform their search incident to his arrest for that crime. None of these things occurred, and the delay in searching his property for an unrelated crime-combined with the charges being filed after the unlawful search and seizure of his clothing-was unreasonable and a violation of his rights. Thus, the ...Show more

Summary

Facts. Mr. A has been detained by the police as a potential material witness to a murder. During the course of the investigation, it is discovered that Mr. A has an outstanding warrant on a parole violation and he is arrested. As part of his processing into the temporary jail facility, his clothes are taken, inventoried, and stored…
Author : ayana47
The Case of Mr. A: Bad Bust essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"The Case of Mr. A: Bad Bust"
with a personal 20% discount.
Grab the best paper

Related Essays

The strange case of dr. Jekyll and mr. Hyde
In his story “Strange Case of Dr.Jekyll and Mr.Hyde” Stevenson examines the theme of good and bad co-existing in one person, the topic of duality. Stevenson does not consider a person to be either good or bad, black or white. There is a little bit of each in one personality.
2 pages (500 words) Essay
Being a Bad Mother: a Panicky Realization
This fact is what Sandra McPherson is trying to illustrate in her poem Bad Mother Blues. A mother is not given a lot of opportunities to perform an abundance of fine accomplishments but be humanly imperfect; she has to be an ideal mother, for many is at risk, namely, her children’s mental and physical wellbeing, for which a mother is expected to be completely in charge.
6 pages (1500 words) Essay
Compare and Contrast the Work of Art Thutmose, Nefertiti and Portrait Bust Of a Flavian Woman
Flavian This portrait is from Rome, Italy, made by the unknown artist. The speculations are that the work was originally from 90 A.D. This period represents the Flavian error during the Republican period in Roman history. This period also represents the conquering of the Greeks by the Romans.
5 pages (1250 words) Essay
Mr Trosack: A Case Study on Eldery Care and Post-Surigical Placement
They have made it clear that they do not believe that his diabetes is serious, that his inability to walk without assistance will be an issue, or that in being alone he is at risk for a myriad of problems because of his current state of health. Three health care issues that must be addressed for Mr.
4 pages (1000 words) Essay
A good (or bad) parent
Parents play a pivotal role in training their children and they teach them how to lead a good life. A good parent can make the life of a child bright whereas a bad parent may do the reverse. Every individual has their own definition of a good parent
2 pages (500 words) Essay
Case Scenario - Mr and Mrs Green
Since no valid gift was created, ownership to the coin collection rests with the Spouses Green. Therefore, they can validly dispose of the coin collection to the local coin collectors club by way of a will and to take effect upon their demise. ( Mallor., et al. p.
3 pages (750 words) Essay
Opening a Mr. Goodscents in Finland
All their restaurants are exceptionally outstanding for their service under most cleanliness environments. The policies of their catering business are make fresh, bake fresh, slice fresh and serve fresh. Moreover they can serve their edible
7 pages (1750 words) Essay
The Strange Case of Dr. Jekyll and Mr. Hyde adaptation
Mr Alistair is standing right next to him and seems very excited. The room is not too well illuminated. The setting is dark and ominous. Mr. Edmond: [Shaking his head with frustration and rising from his stool] Nothing Alistair! Nothing! I have a feeling it will be the
1 pages (250 words) Essay
What makes a good and bad manager
And responsibilities vary considering different roles of the managers. The roles and responsibilities are pertinent to specify in order to identify the criteria to evaluate a manager. The criteria for identifying a good or bad manager can further facilitate
11 pages (2750 words) Essay
Mr. Ps Case Study Solution
As the paper declares the best strategy to approach Mr. P’s care is to advocate nutritional therapy as prescribed by the physician. This will keep his body strong and able to fight against other diseases that may attack the patient. The caregiver’s knowledge on the quantity of fluids and other dietary check will limit complications.
2 pages (500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation