Got a tricky question? Receive an answer from students like you! Try us!

Criminal Law and Procedure - Essay Example

Only on StudentShare
Undergraduate
Author : aiyanasteuber
Essay
Miscellaneous
Pages 3 (753 words)

Summary

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.

Extract of sample
Criminal Law and Procedure


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. ...
Download paper

Tags

Law

Related Essays

International Criminal Justice Essay
There are no guidelines that can serve societies that have endured a governing process that included crimes against humanity and gross abuses f human rights, but that are currently making a democratic transition based on constitutionalism and respect for the individual. Fashioning an appropriate approach is rendered more difficult to the extent that the former regime voluntarily gave up power as part f a bargain with the democratic opposition, and yet remains on the scene, even continuing to control the armed forces and internal police apparatus. The Southern Cone countries f Chile and…
19 pages (4769 words)
Criminal Law: case study
The first one is Peter, who tried to force himself on the girl and kissed her and fondled her breast, without her consent. While, Frank is also an offender murdered and man slaughtered.…
9 pages (2259 words)
International Criminal Justice, Foundations of International and Comparative Criminal Justice
Few would disagree with the statement above in the light of all the efforts made by the International Criminal Justice Organisations today. War crimes are now punishable and international law prevents any heartless dictator or fundamentalist group from depriving innocent people of their honour, life and money.…
15 pages (3765 words)
Criminal Law: Penal Law
The police file a document, in most jurisdictions known as a complaint, with a court in the appropriate jurisdiction. The interests of the state are represented by a prosecuting attorney, while the interests of the defendant are represented by his or her attorney. While the specific process varies according to the local law, in virtually every jurisdiction the process culminates with a trial, followed by appeals to higher courts (Frey, H. & Wellman, 75).…
8 pages (2008 words)
Discussion Board Criminal Justice
Law officers are known to lie under some pretext during an investigation to elicit information. The psychology of the criminals, the mandate of the Supreme Court, and the totality of the circumstance surrounding a case allows an officer to use psychic methods to bring forth revelations to solve cases.…
3 pages (753 words)
criminal law
Constitutional perception of due process is particular in the law of criminal procedure because of various reasons. This is because the procedures followed lead to revelation of the proper ways of handling a certain case. Therefore, the procedures ensure that the lawyer handling a particular case follows the required guidelines for a certain case. These guidelines are actually the constitutional procedures pertaining to the dos and dons of imposing judgment for a case. The law of criminal procedure becomes easy to handle when the lawyer evaluates the process viable for a case.…
1 pages (251 words)
Felony Criminal Charge Procedure
This essay will be focussed on the criminal procedures stages that are common among the two level of government in bringing felony suspects to justice. It will make an in-depth discussion of the process right from the initial stage of the investigation until sentence of the case is determined (Moak & Carlson, 2012). A criminal case is essentially one that an individual is accused of causing harm or destruction to the general society through one or more of his actions. They usually take two forms either misdemeanour or felony charges (McCord, McCord, & Bailey, 2012). A misdemeanour is a less…
8 pages (2008 words)