Analysis and Application: Police Encounters with Suspects and Evidence

713 Words Jul 12th, 2011 3 Pages
6/18/2011 Instructor: Kurt Austin Zimmer | By: Bieri April | CJ227-08 Criminal procedure | Unit 2: analysis and application: police encounters with suspects and evidence |

CJ227-08 Criminal procedure | Unit 2: analysis and application: police encounters with suspects and evidence |

1. Did officer Smith have reasonable suspicion to make the initial stop of this vehicle?
Officer Smith had reasonable suspicion which is based on the totality of the circumstances as understood by those versed in the field of law enforcement; it is commonly described as something more than a hunch but less than probable cause.(quiz law) The answer is yes, Officer Smith did have
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Exigent Circumstances did exist for officer Smith to case the vehicle in question. The driver was asked for her driver’s license and registration by Officer Smith. Instead of providing her license and registration, the driver speeds away which resulted in a high speed chase. This is a circumstance that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons.(The lectric law library,1995-2011) This situation does fall under exigent circumstance because there is imminent danger, destruction, and the suspect is trying to escape.(quiz law)

4. Was the gun in “plain view” and legally obtained?
Plain-view doctrine the rule permitting a police officer’s warrantless seizure and use as evidence of an item observed in plain view from a lawful position or during a legal search when the item is evidence of a crime.
To determine if the plain view doctrine applies, police must consider a number of validations one is due to exigent circumstances, which Officer Smith’s finding
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