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. Therefore, Officer Smith’s action of pat-down to ensure her immediate safety was within the scope of the law based on the knowledge that she had available to her at the time of the stop (U.S Supreme Court, 1968). 3. Did exigent circumstances exist for Officer Smith to give chase to this vehicle? Yes, there was an exigent circumstance for Officer Smith to pursue a chase of the vehicle that had just fled from the traffic stop.
University of Phoenix Material: Robin Mravik Ethical Dilemma Worksheet Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. | The law enforcement officials did suspect that the individual was driving under the influence and thus becoming a risk to himself and everyone else around him. Before the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find probable cause before arresting the individual when the trial comes along, the case will be dismissed in court and the offender will walk away free.
Once a law enforcement agency has established that a crime has been committed, a suspect must be identified and apprehended for the case to proceed through the system. Sometimes, a suspect is apprehended at the scene; however, identification of a suspect sometimes requires an extensive investigation. Often, no one is identified or apprehended. In some instances, a suspect is arrested and later the police determine that no crime was committed and the suspect is released. (Bureau of Justice Statistics) If the justice system fails then any crime can be committed such as rape, burglary, murder, driving under the influence, etc.
Lori committed a controversial crime that many people believe was the right call to make but a crime is a crime you can’t break the law just because you don't like it and in this paragraph i will explain to you what law Lori will most likely be charged for. Lori can be charged with murder in the first degree because she premeditated the murder she took the gun with her to the hospital to visit Vincent. In the event that she doesn't get charged with first degree murder she would be charged with a
The difference here is that excusable homicide is when someone never intended to kill and justifiable homicide there was the intent to kill but it was justifiable. When one proves a homicide has been committed then it is the responsibility of the investigator to identify the victim. This can be done most easily by asking family and friends or by simply finding identification on the victim. There are also several other ways that one can identify a victim these included but are not limited to; fingerprints, DNA, dental and skeletal studies, clothing and laundry marks, and missing persons files. Several good indicators of a homicide are no GSR or gun shot residue on victim, angle and location that rules out self infliction, shot through clothing, and no weapon present.
Acts of Vigilantism Luis Hernandez and the Suspected Car Thief Chris Soriano Do you think the individual made the best decision possible given the circumstances? In the Luis Hernandez case, I feel that he was trying to do the right thing for everyone within the community. He only meant to hold the thief there until the police arrived. Since things got out of control, Luis felt threatened (I’m sure) so he did what he believed was the right thing to do. He could have gotten hurt or possibly even killed in this incident.
Police Encounters CJ227: Criminal Procedure Prof: Bernard Zapor 4/29/12 George Johnson Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? Yes Officer Smith had reasonable suspicion to suspect that the vehicle in front of her was the one involved in the killing of a fellow officer. One other reason is that Officer Smith believed that the older model gold Pontiac had a broken tail light that was covered with red tape. Officer Smith initial reason would be upheld by In People v. Remiro, 89 C.A. 3rd 809 (1979) if reasonable suspicion could be articulated in a court of law.
His ambition and non-stereotypical attitude helped serve justice to the rightful murderer. This goes hand in hand with the fact that there is some bad law enforcement but also good ones. Gerard plays the role of a good cop whose fate intertwines with the fate of Sheridan’s. Rogue cops can be anywhere and work for any country. I feel as if the US needs to be more careful with their way of getting such law enforcement officers.
This problem originally started when laws came into place that states a person does not have to be seen driving the vehicle, but with the probable cause law if law enforcement arrives and the person is in the vehicle, they can be charged with Dui. This law really need to be re-evaluated because there are some people that are being charged with Dui and losing their jobs and families behind this law. For example, “In Texas, in order for a police officer to make a warrantless DWI arrest, the police must establish that probable cause existed to justify your arrest. Under Texas case law, probable cause exists “when the facts and circumstances within an officer’s personal knowledge and of which he has reasonably trustworthy are sufficient to warrant a person of reasonable caution in the belief that, more likely than not,” a citizen has committed a crime. In other words, probable cause exists if the officer is able to articulate facts indicating that YOU have or are committing a certain
Police Powers Stop and question It’s one of the basic powers that police have. They can stop you at any time and ask you what you are doing here and why you are in this area or where you are going to. However you don’t have to answer any of those questions. Stop and search This is one of the most important powers of the police force and those include stopping persons and vehicles if they have reasonable grounds to suspect that you are carrying for example illegal drugs, a weapon or something that could be used in committing a crime. You can also be searched without ‘reasonable grounds’ if it has been approved by a senior officer and this can happen if you’re suspected of being in a specific location or area and if you’re carrying a weapon or have used one.