Big Bob: Case Analysis

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Attached Information Was your search legal? AND, is the gun admissible in any way? Why, or why not. State the law, in detail, and the case law(s) that justify your decision Yes. The search of Big Bob was considered to be legal. This is because he was standing out in front of a jewelry store, wearing a heavy leather jacket (on a hot day) and continually keeping his right hand in his coat pocket. When a customer would leave the store, he would walk to the other end of the building. Then, he would walk in front and glance through the door to see if anyone was inside. It is at this point that Bob was standing once again in front of the store. After conducting several ten minute rounds, the police observed that Bob continued with the same kind of activities. Once he was approached by officers, (who asked him if he was a customer at the jewelry store) is when his response was, "What store?" This is when officers frisked and found a gun on the possession of Big Bob. At the same time, information came over the radio that Bob is a convicted felon (with a history of armed robberies). (Jirard 253 269) Under Terry v. Ohio and US v. Campa, the search is considered to be legal. This is because Bob was outside in the public domain. In these kinds of circumstances, the officer has the right to search someone who is: in the process, has committed or is about to become involved in a crime (based upon probable cause). This means that officers' can question and search the suspect for:
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