Share
Explore BrainMass

Procedural Case Study

O Does probable cause or reasonable suspicion exist? Explain.
o Do the levels of proof justify a stop and frisk or an arrest? Explain.
o Determine if Miranda warnings were properly given and why.
o Did a proper vehicle inventory search occur? How do you know?
o Did the officer follow proper procedures for seizure of person/things? Explain.
o Which doctrine applies: Plain view, open fields, or abandonment? Explain.
o Determine the jurisdiction and the venue.
o Should a DNA inquiry be used in this case? Explain.
o Identify elements from the fact pattern.

? Reference at least three court cases to support your findings.
?

Attachments

Solution Preview

o Does probable cause or reasonable suspicion exist? Explain.
Probable cause comes from the Fourth Amendment of the US Constitution. It refers to a standard by which a police officer has the authority to make an arrest, conduct a search of a person or property. The probable cause is interpreted that a reasonable belief that a person has committed a crime. In the case study, the Officer Melbourne had probable cause because the car had a crack in the windshield, one headlight was out, the car moved slower than the speed limited and vehicle tags were old. Further, the owner of the car had an arrest warrant out on this name, attempted to escape and evaded Office Melbourne. In short there was reasonable suspicion and probable cause.
o Do the levels of proof justify a stop and frisk or an arrest? Explain.
The levels of proof required to stop and frisk or arrest a person are that there must be probable cause that would convince a reasonable person that either a crime had been committed or the persons had committed the crime. The relevant case is Terry v Ohio. If there is reasonable suspicion, sop and frisk can be carried out. From the Fourth Amendment the officer has the right to make an arrest if probable cause exists. In the case study, since the circumstance were such that any reasonable person would reach a conclusion that either a crime had been committed or a crime would be committed, officer Melbourne had reasons to stop and frisk or arrest the two persons.
o Determine if Miranda warnings were properly given and why.
The ...

Solution Summary

This posting gives you an in-depth insight into Procedural Case Study

$2.19