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Essay sample - Criminal Law and Procedure
Pages 3 (753 words)
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.
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. ...
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