Part ACreate one scenario where a search warrant would be re

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Heaven Whitaker Criminal Procedure CJ 125 Professor Kraus Assignment 3.2 02/09/24 3.2 Assignment: Exceptions to the Search Warrant Requirements Part A: Create one scenario where a search warrant would be required. Explain why a warrant is required in this scenario. Officers at the Sumter County Police Department get a tip that someone in the area is committing credit card fraud and identify theft through a local hotel. So, they set up a sting operation to catch the suspect in the act, so they set up a false reservation at the local hotel and use a card that would attract their thieves' attention. Once the undercover officer arrives at the hotel to check in, a couple of hours go by when they begin to see false charges on the credit card that was used at check in and trace those purchases back to a man named Daniel. Daniel gets arrested for credit card fraud and Identify theft. Officers believe that Daniel was processing the information on his laptop. Officers need to obtain a search warrant for Daniel's laptop because they are searching for evidence of the crimes Daniel had allegedly committed. Part B: Create a scenario that illustrates each of the following listed exceptions to the search warrant requirement. 1.The consent search exception-Police show up at Juan's house without a warrant, based on an anonymous tip that Juan is sending out child pornography on the internet. Juan is not home, but his partner is at home and gives the police consent to search the computer they use for email, games, and internet surfing. Upon conducting the search, the officers found the evidence they were looking for to make an arrest.

2.The plain view exception- Officer pulls over a vehicle going 85-mph in a 45-mph zone. Upon approaching the vechicle the officer notices a larger number of items in the back seat of the vehicle. The items match a previous robbery list on missing items, so the officer instructs the driver to step out of the vehicle and places him under arrest for the stolen items. 3.The search incident to arrest exception- Officer Kolb stopped at 7/11 for a cup of coffee. While getting his coffee he saw a man steal a woman's purse and ran out the store. Officer Kolb was able to catch the suspect after a 2-minute foot chase. Officer Kolb frisks him for his own protection when he finds a gun on the suspect. 4.The emergency search exception- Marget and Gregg are two police detectives working undercover to infiltrate a criminal organization that has been terrorizing their community. Members of the organization find out about their true identities. They attempt to kill Gregg, but he escapes. Gregg then contacts his colleagues at the police department. They tell him that Marget is missing. Gregg tells his colleagues that there is a computer in one of the members' apartments that contains information on all the houses and apartments used by the organization uses for their activities. He tells them that they must be keeping Marget at one of those locations to get him to show up to get her out so they can kill them both. There is no time to get a warrant, but the police go to the group member's house to get the computer and search for that computer, in the hopes of finding clues about where Marget is being kept in the hope of getting her back alive. 5.The automobile search exception- Adam is arrested for driving under the influence and taken to a station to sober up and the car is taken by the police to the station for safe keeping. The police have a right to do an inventory search of the car at the station. While doing the search the officers found over 30 unregistered guns in the truck of the car. So, Adam will now be placed under arrest for having the illegal weapons in his truck.

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