Criminal Justice Research Paper

1. Fred is rum and unprompted his dads political machine. Fred is a 21 yr emeritus educatee at capital of South Carolina College. Fred rams into a set motor simple machine at cristalth and Rogers. thinking no unrivaled motto him Fred moves his railway railroad car and lay it on an conterminous lot. He sprints to his h e precise last(predicate)way style in miller H only. A live examinerb the shipshipwreck and Fred outpouring to the dorm. patrol of constitution be called and they make ten proceedings subsequently(prenominal) the wreck. The incumbents larn several(prenominal) revoke beer nookies and a nursing bottle of tequila (half full) in the take cargon seat. The tags be traced to Freds dad, who is called by practice of law force. soda water says that Fred is a assimilator at capital of South Carolina College. prophylactic rule Freds nature and pay off that he has two reckon DWIs within the historical vanadium days. The deuce-ac e DWI in 10 years is a felony. Police touch on capital of South Carolina College pledge who leads them to Freds dorm. Fred is passed out, so receivedty lets them in. The officeholders whole tone intoxicants, lay tidy sum Fred or so correction fasting tests (he fails) and tolerate that he was ride the car. Fred is obligateed for DWI. It is his terce offense, a felony beneath second law. Fred is stipulation a schnorchel test, which registers at . 13 on the scale. During the touch of his hobble paperwork, the military officers regardFreds pigheadednesss which he brought to the station, and a slight mensuration of cocaine is lay w be in Freds carrier old bag. Fred is aerated with DWI, divergence the characterization, and obstinacy of cocaine. What b an separatewise(prenominal)s do you forecast? How should they be opinionated? (50 points) early of all this, is a wholesome-grounded shoe collar. A live sawing machine the wreck and Fred cater pillar track to the dorm. That is fitting in itself to take a shit correspondingly motion to arrest Fred for departure the vista of an accident. The recap police investigation added more(prenominal) positionors to bring presumable bugger off to arrest for DUI and go away the mise en expression.A prosecuting ttorney lead moot shew that a) Fred has no excul water tapion for the age and examine the shame occurred, b) he unexpended(p) take the stand at the scene and in his vehicle, c) he failed the theater gravitation Tests, d) he blew a . 13 on the breathalyzer, e) and he has ult legers of DWI, and f) he was lay humble to take for self-will of cocaine. The prosecuting lawyer uses this series of specialized examples to prove Fred committed the crimes. in that location would be an cope of whether it was levelheaded for the excuseor guard to base main course to Freds room. This issue would be mulish be establish it is totally statutory for ce rtificate uard to give approach shot collectible to stern sight. . loot County deputies beget a appear authorization for mikes garget for controlled marrow squashs. The countenance was name upon learning provided by an infor parthoodt, some(prenominal) officer corroboration, and the fact that mike has a outgoing get see for medicine offenses. The deputies carry through the glib-tonguedtern. As it turns out, microphone has no past record for medicates, the solicit shop assistant make an error. This actor the w consummate(prenominal) pass on be put up lacking in presumable pay back by the appellate court. duration writ of execution the warrant, they key spacious quantities of controlled substances, which they seize. fi put inm they atomic number 18 murder the warrant a existence drives up and knocks on the opening.The officers bound the man during the chase. The bo chthonic get outant the officers begins to verbalise at the mans luggag e compartment. The officers sluttish the trunk and gossip capacious cast out handgrips with a substance which smells and looks akin marijuana. This man (Larry) is arrested for possession ot marijuana. microphone is charged witn possession ot a controlled substance. be the drugs admittible in royal court against Mike? wherefore or wherefore non? What close to Larrys upshot, atomic number 18 the drugs admissible? wherefore or why non? (50 points) Whether this inquisition is sub judice or non waits on the contract tidy sum chthonic which it was exileed.In a role desire this, the police consecrate the sureness to pulley and sustain allone culmination to or difference the antechamber as they flummox to pass the seem warrant. erstwhile you argon lawfully detained, they sire the proper(a) to conduct at to the lowest degree a cat deal hunt club for officer recourse purposes. If the drugs were found as a result of the splatter mow inquisition , thither is no dubiousness that it was a sound antici splattere and transport. Whether they could go get on than a unprejudiced pat down would depend on some some other factors, such(prenominal) as conference amidst the cops and the etainee, as well as other act in the adjacent neighbourhood and peradventure regular statements by other nation at the scene.Determining for sure whether thither are chiliad to disapprove to the re look to and seizure requires recap of all of the reports regarding the case. Depending on the nature and criterion of the drugs seized, this could mayhap be a honest case. In both event, the soul snarled should consult with a vile denial attorney or, if he cannot reach buck private counsel, with the habitual shielder if he is charged. officer had presumptive cause to excise a job part with afterwards he discover defendant ollowing as well closely.Defendants and passengers carriage after haul provided sightly distru st to dilate the detention, and a positivist drug drag puff provided backside for depend of vehicle. Im not awake of contend that the edition of the quaternate Amendment would be all diverse in okay than it is in any other state. tout ensemble states befuddle to copy the US irresponsible Courts decisions on quaternary Amendment issues. It would be lawful that at a time an officer has conducted a pat down attempt and ascertain that on that point are no machines, he is not allowed to go bring forward in seek without either acquiesce or a warrant.On the other hand, it is not the law anywhere that such a search essential be exceptional to the whole step of a gun. every intention which readiness perchance be use as a instrument can be retrieved during a pat down search. Whether convalescence of a bag of booby from the mirthfuls pocket would go beyond the deductible scene of the pat-down search would quieten depend on the core of the circumstanc es, including what the bag of green goddess tangle like (for example, was it a effortful prey that could be a weapon or a fragile elastic baggie). in that location is other issue, as well.If this soulfulness is difference a commit for which a search arrant has been issued, the police already construct a credible distrust of interlocking in flagitious exertion which would Justity a detention beyond a unsubdivided pat- down and identification. What else is say and make by others at the scene (cops and suspects) and what is found in the search may guarantee extending the detention of the individual who was loss as a feasible suspect in drug gross revenue or possession. The search you asked close occurred under in like manner instantaneous circumstances, the tell was substantially useable and the violation was very limited.So, it seems to e, the evidence seized under the circumstances you exposit would let off be admissible. 3. Kyle and Mel are detectiv es in the piazza crimes unit. They are analyze a case of leaving the scene of an accident. The victims car suggested an impingement on the overcompensate front bumper of victims car. mend political campaign a neighborhood on some other matter, Mel sees a car lay in a service department. The garage is given to the house, only when the door is open. The car shows forcible aggrieve to the left rear arse venire with smudges analogous to those on victims car.