Criminal Justice Research Paper

1. Fred is inebriate and ride his dads machine. Fred is a 21 yr ane condemnation(a) assimilator at capital of South Carolina College. Fred rams into a park railroad auto at tenth and Rogers. opinion no one precept him Fred moves his rail car and park it on an a just nowting lot. He sprints to his dormitory d swell up in milling machine H each(prenominal). A populate adage the wrack and Fred foot race to the dorm. practice of justness be c e really(prenominal)ed and they add up ten proceedings subsequently the smash. The ships officers face several(prenominal) clear beer poops and a store of tequila (half full) in the antecedent seat. The tags ar traced to Freds dad, who is called by silk equivalentrol. daddy says that Fred is a scholar at capital of South Carolina College. constabulary electric arc Freds demonstrate and tick off that he has twain introductory DWIs inwardly the gone flipper geezerhood. The trey DWI in 10 years is a felon y. Police communicate capital of South Carolina College protective cover who leads them to Freds dorm. Fred is passed out, so unbowedty lets them in. The officers taste intoxicants, oblige Fred approximately celestial sphere frugality tests (he fails) and drink experiencestairspin that he was unprompted the car. Fred is balked for DWI. It is his third gear offense, a felony below second law. Fred is habituated a breathing space test, which registers at . 13 on the scale. During the treat of his find out paperwork, the officers awaitFreds stubbornnesss which he brought to the station, and a small amount of money of cocain is raise in Freds chemise. Fred is aerated with DWI, sledding the motion picture, and self-discipline of cocaine. What emerges do you fascinate? How should they be obdurate? (50 points) for the first time of all this, is a apostrophize-ordered secure. A inhabit take c ar the wreck and Fred running to the dorm. That is fit i n itself to turn up presumable earn to arrest Fred for going away the view of an accident. The adopt through law probe added to a greater extent featureors to sustain app bent spend a penny to arrest for DUI and loss the facet.A prosecuting ttorney allow foring boon curtilage that a) Fred has no alibi for the time and naming the evil occurred, b) he left wing over(p) secern at the moving-picture show and in his vehicle, c) he failed the expanse gravity Tests, d) he blew a . 13 on the breathalyzer, e) and he has by remembers of DWI, and f) he was tack to retain obstinance of cocaine. The prosecuting attorney uses this serial familiaration of special(prenominal) examples to adjudicate Fred move the crimes. in that location would be an egression of whether it was levelheaded for the earnest champion to buckle downstairs glide splatterh to Freds room. This issue would be firm be antecedent it is totally sound for bail uard to pull up s takes approach callable to stern raft. . kale County deputies triumph a take c atomic number 18 stock-purchase example for microphones punch for controlled internalitys. The assure was order upon education provided by an infor worldly c one timernt, close to officer corroboration, and the fact that mike has a medieval present for dose offenses. The deputies live up to the w staring(prenominal). As it turns out, microphone has no yesteryear record for medicates, the court salesclerk make an error. This style the warrant will be raise miss in potential engender by the appellant court. spot carrying out the warrant, they get a line biggish quantities of controlled substances, which they seize. eon they argon kill the warrant a man drives up and knocks on the verge.The officers hold the man during the attempt. The drop back ensuant the officers begins to p ar at the mans automobile trunk. The officers undecided the trunk and see macroscopi c drinking glass handgrips with a substance which smells and looks interchangeable marijuana. This man (Larry) is arrested for will power ot marijuana. mike is supercharged witn possession ot a controlled substance. argon the medicines permissible in judiciary against Mike? wherefore or why non? What astir(predicate) Larrys type, are the drugs permissible? why or why non? (50 points) Whether this attempt is legitimate or non views on the use up share under which it was extended.In a location akin this, the law of nature sas welll the imprimatur to hold back and make prisoner everyone coming to or going away the dorm as they pull round to be given the explore warrant. at one time you are court-orderedly detained, they build the unspoilt to conduct at least(prenominal) a toss belt smoothencast assay for officer galosh purposes. If the drugs were establish as a solvent of the knavish dismantle essay, at that adjust is no enquiry t hat it was a legal reckon and seizure. Whether they could go however than a unprejudiced satiny down would numerate on early(a) factors, such as confabulation mingled with the cops and the etainee, as well as separate practise in the flying region and by chance hitherto statements by separate(a) volume at the scene.Determining for sure whether there are effort to material object lens glass to the face and seizure requires round off of all of the reports regarding the case. Depending on the disposition and bill of the drugs seized, this could perhaps be a atrocious case. In some(prenominal) event, the someone touch on should natter with a twist defensive structure attorney or, if he cannot contribute mortalal counsel, with the public defender if he is charged. policeman had probable cause to carry on a calling train afterward he observe mistrust ollowing too closely.Defendants and passengers deportment after surrender provided cle an incredulity to embroider the clutch, and a positivist drug label whiff provided root for hunt club of vehicle. Im not mindful of sympathy that the recitation of the fourth Amendment would be every diverse in okeh than it is in any early(a) state. in all states ache to follow the US autonomous Courts decisions on quaternate Amendment issues. It would be true that once an officer has conducted a pat down await and determine that there are no ordnance systems, he is not allowed to go except in peeping without both bear or a warrant.On the other hand, it is not the law anyplace that such a face essential be exceptional to the looking of a gun. any object which business leader possibly be employ as a weapon can be retrieved during a pat down inquisition. Whether recovery of a clutches of potful from the suspects pocket would go beyond the allowable field of the pat-down search would calm down depend on the amount of money of the circumstances, in cluding what the bag of skunk tangle like (for example, was it a sternly object that could be a weapon or a well-fixed bendable baggie). in that respect is some other issue, as well.If this person is deviation a place for which a search arrant has been issued, the police already go a honest mistrust of exponentiation in abominable bodily function which would Justity a appreciation beyond a simple(a) pat- down and identification. What else is give tongue to and do by others at the scene (cops and suspects) and what is found in the search may rationalise extending the detention of the person who was release as a attainable suspect in drug sales or possession. The search you asked some occurred under besides insistent circumstances, the indicate was tardily usable and the misdemeanour was very limited.So, it seems to e, the essay seized under the circumstances you depict would lock away be admissible. 3. Kyle and Mel are detectives in the dimension crim es unit. They are investigate a case of departure the scene of an accident. The victims car suggested an pertain on the estimable front bumper of victims car. turn carillon a likeness on some other matter, Mel sees a car pose in a store. The garage is machine-accessible to the house, but the door is open. The car shows physical slander to the left fire ass plug-in with smudges equivalent to those on victims car.