I took this information back to my police vehicle, checked out all of his information for outstanding warrants and everything came back fine. Upon coming back to the male drivers car with his information m partner decides that he has a bad feeling about the guy and he wants to search the vehicle. Ultimately my partner orders the driver out of the car so he can search the vehicle, at this point I know the search s illegal because the driver did not give consent and there was nothing in my sight that gave probable cause. After my partners search he found a gun and then arrested the driver stating the gun was in “plain view”. Once at the station the gun was run through the computer and it was found that the gun was used in a murder.
The Appeals Court of Massachusetts affirmed the conviction and the Supreme Judicial Court of Massachusetts denied review. The U.S. Supreme Court granted certiorari. Commonwealth v. Melendez-Diaz, 69 Mass. App. Ct. 1114 (2007) Issue: Are affidavits and certificates used for state evidence in a criminal case from state forensic analysts testimonial to require confrontation via live testimony under the Sixth Amendment and Crawford v. Washington, 541 U.S. 36 (2004)?
The Parties • HER MAJESTY THE QUEEN - P. Zambonini for the Crown • DEFENDANT - R. Rosonick for Marvin Blackwood Procedural History • Arrest • Bail Hearing • Set Court Date • Plea Court The Facts The defendant (hereinto Mr. Blackwood) was a passenger in a motor vehicle that was stopped by the police because of a Highway Traffic Act violation. The police officer (hereinto, Officer Haynes), recognized Mr. Blackwood due to past experiences with him and, through bulletins at the police station, a known offender who could be armed or dangerous. In the course of questioning, Officer Haynes could not get a straight answer out of Mr. Blackwood. In turn, the officer requested Mr. Blackwood
Jennings has the right to sue Armington in Civil Court for Wrongful Act; pain and suffering brought on by being shot and seriously injured during the robbery (Miller, Jentz, 2008). In a Civil Court of law, all he has to do is provide burden of proof by preponderance of the evidence; Armington was robbing a drugstore, shot and seriously injured Jennings, the drugstore clerk during that time. Once Armington is found guilty (Verdict) by 3/4’s majority a remedy is render (monetary);damages to compensate for the harm or a decree to achieve an equitable result (Miller, Jentz,
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
Analysis and Application: Legal Rights Afforded to the Accused William Geer Criminal Procedure January 8, 2013 There are several steps that police officers have to take when arresting a person and it is very crucial the police officers obey the steps because it could cause them to lose to a criminal. The Miranda rights which tells a person their rights was not started until 1966. Many people did not know that they could have a lawyer present when being asked questions. John Doe is a person that is being charged with a crime. I am going to discuss the grand jury and how they work, what the judge may do and what the officers are required to do.
Therefore, I would like to introduce the Miranda right protection from officers and yourself once you’re being arrested. “On June 13, 1966, the outcome of Miranda v. Arizona provided that suspects must be informed of their specific legal rights when they are placed under arrest. This decision was based on a case in which a defendant, Ernesto Miranda, was accused of robbery, kidnapping, and rape. During police interrogation, he confessed to the crimes. The conviction was overturned due to allegedly intimidating police interrogation methods.
There polices officers that arrested men with weed just to keep it and sell it back to another drug dealer so that they make money off of it. It’s just a lot of crazy under hand work that is going on. Why can’t we just find police that actually do the job and stop beating the system? There are
Barbara Brown Criminal Procedure Everest University Online July 27, 2013 Write a case brief of U.S. v. Katz, including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief. Katz v. U. S., 389 U. S. 347 (1967) Facts: Charles Katz was arrested after FBI agents overheard him making illegal gambling bets while in a public phone booth. The agents paced electronic listening and recording devices to the outside of the booth and only heard and recorded Katz’s end of the conversation. Procedural History: Katz had moved to have the evidence suppressed under the Fourth Amendment, which was denied by the trial court.
ITT Tech 12 Nonlethal Weapons Technology “How Police of today is using more Nonlethal Weapons” By: Andre L Pierce Table of Contents "Nonlethal Weapons to Aid Police in Violent Situations." Are police really taking down mentally disturbed people in Memphis………………Page 3-4 "Police Test Nonlethal Weapons Officers First must Get Taste of what they might Dish Out” Can Police take the same punishment they dish out with nonlethal weapons……….Page 5 "America is Behind in Nonlethal Police Weapons." Are we giving law enforcement all possibilities to keep us safe………………………Page 6 Works Cited ……………………………………………………………………………Page 7 "Nonlethal Weapons to Aid Police in Violent Situations." News Sentinel: A.1. Chicago Tribune; ProQuest