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Analysis and Application-Police Encounters with Suspects and Evidence

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Analysis and Application: Police Encounters with Suspects and Evidence David Green CJ227: Criminal Procedure Prof: Kurt Austin Zimmer May 29, 2012 As long as there are people who engage in suspected criminal activity, there will always be the police with whom they will have an encounter. Good, bad or indifferent there will always be these questions that will need to be answered; were the police legally justified in the way they approached and carried out their encounter with the suspect? And, were there any exigent circumstances involved during the encounter? The following answers these questions. 1. Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? In the scenario set …show more content…

The gun was in plain view because once the suspect took off in her car, and crashed into a pole, two things happened. She was rendered unconscious and the impact from the accident caused the glove compartment to “pop open”, thus revealing the weapon. Once that happened the weapon was in plain sight and legally obtained. 5. Will the marijuana baggie be admissible evidence? The baggie of marijuana will be admissible in evidence in court because this was an emergency police situation and it fell into plain view of the officer. Plus, because the suspect was unconscious due to her own folly, there was no expectation of privacy and a search warrant was not needed. “If the police's search is in an emergency situation, then they may not need a search warrant. For example, if the police are pursuing an armed suspect that has disappeared into a small neighborhood, they may not need a search warrant to search any of the homes there because the suspect is putting the residents at risk.” (Illegal Search & Seizure, 2012) Also, the officer needed to check the suspect’s handbag for a license to determine the identity of the suspect. Upon opening the handbag, there was the baggie of marijuana in plain view. So, once again, the plain view doctrine comes into play. REFERENCES Pearson (Roberson & Stuckey & Wallace, 2007) Traffic Stops: Criminal Law - Students' Attorney Program - ASUW

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