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.
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“Criminal Law and Procedure Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.net/miscellaneous/283086-criminal-law-and-procedure.
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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.
1.0 Introduction The International Criminal Court (ICC) is a product of a century-long search for an international entity that could bring perpetrators of crimes that cannot be handled by a national court to justice, for one reason or another. The ICC, however, is not merely a tribunal that tries specific crimes, but an international entity that carries with it the responsibility of promoting peacebuilding and perpetuating global governance as part of an international coterie of entities that the responsibility is attached to.
The conclusion from this study states that in these days and with the modern statutes’ modification of the common law on the issue of rape, rape statutes are no longer gender-specific. Rape statute is not gendered specific as the law that allows females to sue males for rape also permit the men to sue women for rape charges. Thus, males and females could be victims of rape and rapists.
Criminal law and the civil law are two different laws according to its foundation to deal with the cases separately (Michael, 2009). If someone violates the criminal law, the criminal procedure takes it course against the violator to implement its writ. In many democracies of the world wherein the criminal cases burden of proof lies on the shoulder of prosecution.
While the penalty for inflicting bodily harm or injury to any person with an intent to do so is life imprisonment, it is very different for any bodily harm or injuries caused to a person without intent to do so (Ormerod, 1996). If any person caused bodily harm or injury to another person, they are responsible for a misdemeanor and are liable to a prison sentence not exceeding 2 years (Davis, 2003).
Regarding this, the proponent tries to compare and contrast the role of due process and crime control models on shaping criminal procedure policy. Thus, the analysis includes a review and assessment of the Amendments of the United States Constitution and the Bill of Rights to the states and their potential impacts on the criminal justice system as applied to due process and crime control models.
Hence, with the kind of role that criminal justice policy can not be able to perform its duties exhaustively since managing all the criminal justice is such a crucial role to play. Many people fail to understand why the criminal justice can not cater for matters that are related to security.
The 5th Amendment protects the accused against self-incrimination. Federal Courts must comply with all constitutional provisions listed in the Constitution. However, some state courts, the US Supreme court have adopted a selective basis to determine the due process of the criminal defendant while safeguarding the protected rights.
This case presents ground for heated debate on the concepts of mistake of fact and mistakes of law. Key words:Mistake of fact, Mistake of Law, Mens Rea, Actus Reus. Concepts of Criminal Law The Defense Johnny Juneau is being charged with three crimes, the possession of Nutria, theft, and the murder of the neighbor to the store.
How often have we seen law officers adopt psychic methods to instigate the antagonists to reveal the truth
Law enforcement officers are upright, moral individuals. They stand by the law and even go to the extent of laying their life to protect innocent citizens in the line of duty.
In this regard, the author is identified to be adherence to textaulism2;3. Contextually, the essay majorly focuses towards understanding the patterns of textualisation as described by ’Antonin Scalia’.
2 pages (500 words)Essay
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