4. Maryland law authorizes police officers to execute warrant less arrests, inter alia, for felonies committed in an officerís presence or where an officer has probable cause to believe that a felony has been committed or is being committed in the officerís presence. Md. Ann. Code, Art.
Inadvertence means that an officer must not have prior knowledge that the evidence was present. The discovery must be purely accidental. ____________________________________________________________ 4. Situations where the plain view doctrine applies are when out on patrol. You see a person with something illegal the plain view protect you when stopping the person.
If you are riding in the car with an individual and the police pull you over is it okay for the police to arrest the passenger in the car even if he or she says that the contraband that he finds is not his? Another hypothetical question is this, Assume that police discover a crime that has been committed by one person, they go to seven people with questions about the crime, they all deny culpability, and the police already know that one of the guys is guilty. Can all six of these guys be arrested for this one crime even though police don’t really know which person is guilty? There are simple and easy answers to all of these questions : it depends if the police have “probable cause” to think that a person should be arrested and is guilty of a particular crime. That was the complicated part in the Pringle case that was brought out by the Supreme Court.
During the stop if the officer has reasonable suspicion to believe that the person is armed, that officer can frisk only the area where he believes the person is armed. The frisk consists of the officer running his hand over the outside garment of where he/she suspects the weapon is located. If the officer feels that there is a weapon he/she is allowed to reach inside of the garment and obtain the weapon. In 1968 the Supreme Court addressed the issue in Terry v. Ohio 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889.
What are the three levels of contact between an officer and a citizen? What level is the officer at and what level of information is needed to make such a request? 2. You have a valid warrant to pick up a suspect on auto theft. You go to his residence to arrest him.
The law defines a series of offences, including unlawful supply, intent to supply, import or export (all these are collectively known as 'trafficking' offences), and unlawful production. The main difference from the Medicines Act is that the Misuse of Drugs Act also prohibits unlawful possession. To enforce this law the police have the special powers to stop, detain and search people on 'reasonable suspicion' that they are in possession of a controlled drug. The laws controlling drug use are complicated. The Misuse of Drugs Act (MDA) regulates what are termed controlled drugs.
In each case, the court ruled against suppressing the evidence. However the Michigan Supreme Court reversed, relying on Terry v. Ohio. The Supreme Court ruled that the search violated the fourth amendment, and the illegal “fruit” (marijuana) should be discarded. The protective search of the passenger compartment of respondent's car was reasonable under the principles articulated in Terry and other decisions of this Court. Protection of police and others can justify protective searches when police have a reasonable belief that the suspect poses a danger.
The officer pats him down, finds an illegal gun, and arrests him. The stop was a legal stop. The Fourth Amendment applies to stop and frisk procedures like: (a) whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person within the meaning of the Fourth Amendment. (b) A careful exploration of the outer surfaces of a person's clothing in an attempt to find weapons is a "search" under that Amendment. (Terry vs Ohio) Also, when an officer is concerned about his safety and other individual’s safety, he
Police Report 1 Police Report University of Phoenix Police Report 2 Police Report The Fourth Amendment Right protects all Americans from the police officers or other law officials from searching their home, person or property with having a search warrant. Police Officers are able to search a person or their belonging when there is probable cause such as a person covered in bloody running away from an individual lying out on the sidewalk. The court case Minnesota v. Riff made information that was obtain by officer in an unlawful search to be inadmissible during any court proceedings. The effective communication was challenged in this court case because each and every one of the witnesses had a different testimony that place the
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