Criminal Court Case Paper

Decent Essays
In the first scenario, the first action that was illegally taken by the officer was approaching the suspect on the front porch. The officer could not legally approach the suspect as the front porch is considered an area of curtilage because this is an area that one feels that they have the right of privacy. The case that supports my decision is United States v. Dunn where police received a tip that Dunn’s barn contained alleged equipment to manufacture drugs. The barn was away from Dunns home which allowed for them to search the barn after not receiving a warrant. This case established four factors that determine curtilage. Those factors are the proximity of the area to the home, whether the area is in an enclosure surrounding the home, the…show more content…
The agent set up a subcontract between Suspect 1, the agent offered a personal loan to Suspect 1 in exchange for a subcontract. Suspect 1 agreed. At a meeting one week later, the agent gave Suspect 1 the cash loan. Suspect 1 was immediately arrested. The action that was illegal in this case was the agent was the one who offered a personal loan to the suspect to induce a person to commit a crime that was not contemplated by the subject. The suspect was entrapped in this situation as he was offered the loan from the agent instead of the suspect offering him the loan. I justified my decision that this was an illegal action based on the subjective test. The actions of a government official with the goal of criminal prosecution to induce a person to commit a crime that was not contemplated by the person. One case that supports my idea is Jacobson v. United. During this case where Jacobson before the Child Protection Act was put into place purchased magazines that included pornographic photos of a minor. Later agencies began investigating Jacobson's interest in child pornography. Over the course of about 2 ½ years, they sent him mailings from 5 fictitious organizations and one non-existent pen pal all promoting sexual liberation and challenging government censorship. After Jacobson was somewhat responsive, a government agency attempted to sting him by selling him child pornography which he purchased, resulting in his arrest and conviction. The court ruled that the government agency did incite Jacobson causing the innocent person to commit a crime. This case is similar to scenario two as the agent in this case was the one who offered a cash loan to the suspect which incited him to commit the
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