Was the “pat-down” of the driver legal? Yes, Officer Smith had a legal right to request the driver out of the vehicle for a pat-down. In the case of Terry v. Ohio, the Supreme Court discussed the requirement of dealing with armed and dangerous individuals. The court stated that an officer does not need probable cause to arrest in order to conduct a reasonable search for weapons as long as the suspicion is developed by factual information. In this fact pattern, Officer Smith acted on facts that a car matching the description of the automobile current pulled over of possibly being involved in a previous case involving a fellow officer murdered on the road side.
Law ELS: 1. Police Powers 2. Criminal Courts POLICE POWERS: Stop and Search Q. Describe the powers of the police to stop and search a person on the street. (18) The powers of the police to stop and search a person on the street are stated under S1 of the Police and Criminal Evidence Act 1984 which states that an officer can stop and search someone and their vehicle in a public place if they have reasonable grounds for suspecting that they are carrying a prohibited article such as a knife or drugs.
It has been stated, however, that the core of all the meanings of probable cause is a valid reason for belief of guilt, and that the notion of guilt must be individualized with regards to the person to be searched or seized. In this particular case, one or all three of the people in the car knew that the drugs were in the car and exercised dominion over them (Edwards, 1995). Thus, a officer could come to the conclusion that there was probable cause to believe Pringle committed the crime of possession of cocaine, either by himself or jointly. Conclusion The existence of probable cause is based on certain facts. The Supreme Court has explained in many cases, on what reasonable interruptions may be taken from all of the facts and circumstances known in the case, it is perhaps difficult to answer any hypothetical question involving multiple parties very precisely (Waksman, 2010).
If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified. All the evidence was used during the trial to convict Oliver of these charges. He was convicted for posession of a firearm in public and silencer and convicted for
Analyse the impact of two pieces of crime and disorder legislation. For police officers who are already familiar with crime and disorder legislation, they need to be reminded of the impact they may have on people, communities and the public services. Choose two pieces of crime and disorder legislation you have already discussed and analyse the impact they may have on individuals (including offenders, victims and witnesses), communities and the relevant public services. The Theft Act This is taking the property of another without the intension to give it back; this can have an impact on the victim as they’re without their property whatever it may be (car, phone, wallet, game) or any other property. The person then becomes deprived and feels insecure in case of any other incidents that may occur and they find themselves to be in the same situation, there’s many different types of theft such as robbery, theft, burglary, aggravated burglary.
2. I learned that traffic laws require you to be courteous to other drivers. Do you already have your learners permit? No If no, have you taken the 4 hour drug/alcohol certificate? No Module 2: The Driver: Please answer the following questions: Aha Moments: Aha moments are times when you have been reading something and the text suddenly makes sense or becomes clear to you.
Reactive Patrol Response CJS/210 Reactive Patrol Response One of the patrols that are police departments do is called a reactive patrol. A reactive patrol is a patrol that is when a police officer responds to specific requests to calls and follows up investigations. An example of this is when an officer responds to a domestic violence call. Someone has called either the police station and requested the officer, or they called 9-11 which would bring a response from an officer. As far as follow up to investigations, when a crime is committed and there are loose ends on the investigation, they may have to do a follow up, and that is when the reactive comes into effect.
The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace. In a large number of very minor offences (such as parking or speeding offences) the first step is the infringement notice. A person may receive a summons, an order to attend court, specifying the alleged offence. It may be served in person or through the mail. An alleged offender may be arrested, charged and fingerprinted.
POLICE POWERS Name:___Jack National Diploma in Uniformed Public Services Now that we have run through the law relating to stop and search, answer the following questions: Under what can a police officer stop and search a person? (Refer to the relevant law) A police officer can stop and search a person under section 1 of PACE 1984 (Police and criminal evidence act 1984) What safeguards are in place to protect the rights of the person being stopped and searched? (Refer to the relevant law) Under section 2, subsection 3 of PACE 1984 it states that the officer must give their name and station and state the reason for their search. Also If a search takes place in public then the police can only request that the suspect removes
Crime Control Model Comprehensive Exam Whitney Polen CJ 602: Comprehensive Examination Kaplan University July 31, 2014 Dr. Patricia Drown Introduction Crime control and due process, how do these two complement one another, where are the differences, and how do they work in the criminal justice program? The way that crime control and due process differ is that crime control, in certain circumstances, allows law enforcement to be manipulative and deceptive. It is legal for officers to trick offenders by different ruses to get the offender to the station to be questioned. Law enforcement can use varying tactics to arrested, or applying some physical or mental pressure during situation when questioning and trying to enforce calm. Officers can even deceive suspects while being interrogated.