KBattle-CriminalProcedureAssignment-Unit2 (2) (2) (1)

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Officer Adams Katrina Battle Purdue University CJ227 Criminal Procedure Professor Lampariello June 20, 2023

Officer Adams This paper will discuss Officer Adams and her thoughts and decisions during a traffic stop. It will be discussed if Officer Adams has reasonable suspicions to stop the vehicle. Also, this paper will discuss if the “pat down” of the drive was legal. This paper will also discuss if exigent circumstances existed in the vehicle chase. Lastly, it will be discussed if the marijuana baggie will be admissible evidence and if the gun was in “plain view” and legally obtained. Decisions During the Traffic Stop Thoughts can be defined as the intellectual product or the organized views and principles of a period, place, group, or individual. S omething (as an opinion or belief) in the mind; power of thinking and especially of reasoning and judging; a developed intention or plan. ( Merriam- Webster. (n.d.). Influence can be defined as the power or capacity of causing an effect in indirect or intangible ways; corrupt or dishonest interference with authority for personal gain; one that exerts influence. ( Merriam-Webster. (n.d.). Giving the definition of thought(s) and influence Officer Adams thoughts about “those people” did influence her decision-making during the stop. Adams had already had an opinion of the driver of the vehicle and had judged the driver because of her outer appearance because of Adams thoughts it influenced her to decision-making when stopping the stop. Reasonable Suspicion

A traffic stop is considered a seizure under the 4 th Amendment; an officer must show reasonable suspicion to pulling a car over. Reasonable suspicion can be defined as a n objectively justifiable suspicion that is based on specific facts or circumstances and that justifies stopping and sometimes searching (as by frisking) a person thought to be involved in criminal activity at the time. ( Merriam-Webster. (n.d.). A law enforcement officer who has reasonable suspicion that an individual committed a crime may briefly detain that individual to investigate the circumstances that provoked the officer’s suspicion. (Justia. (n.d.). Driving with a broken taillight is considered driving with defective equipment; this is illegal in all states with fines up to $1000.00, one year in jail and points on your license. (VehicleChef. (n.d). Being that the vehicle has a broken tail light although the tape is a temporary fix it can be considered a reasonable suspicion to pull the vehicle over. The vehicle also matched the description of a vehicle that was involved in a crime; given that information it gave Adams the right to pull the vehicle over for reasonable suspicion. Pat Down Under the Terry v. Ohio, 392 U.S. 1 (1968), also called Terry Stop. If the officer has reasonable suspicion and the officer feels he or others are in danger the officer can pat down also known as frisk, the outer clothing of a suspect to see if the suspect is armed with weapons. Giving this the pat down of the suspect is legal. (Cornall Law School. (n.d). Exigent Circumstances Under exigent circumstances the officer had reason to give chase to the vehicle. The courts find exigent circumstances as a justifiable warrantless search or search incident to arrest. It is also justifiable if law enforcement needs to apprehend a fleeing suspect “hot pursue”. (Cornall Law School. (n.d).

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Plain View The plain view doctrine permits the warrantless seizure of items if the items are discovered inadvertently and are immediately apparent as evidence of crime. (US Department of Justice. (n.d). Since the driver committed a crime by fleeing the scene the officer has a right to seize the gun. If the gun was not seen in plain view, but after the vehicle is in police custody the gun can still be seized by the police. M arijuana Baggie The automobile exception provides that “police who have probable cause to believe a lawfully stopped vehicle contains evidence of criminal activity or contraband may conduct a warrantless search of any area of the vehicle in which the evidence might be found.” (People v. Evans (2011) 200 Cal.App.4th 735, 753, 133 Cal.Rptr.3d 323) Once an officer has probable cause to search the vehicle under the automobile exception, they “may conduct a probing search of compartments and containers within the vehicle whose contents are not in plain view.” Under this law the Marijuana baggie will be admissible in court and the suspect can be charged with contraband. Conclusion In this paper it has been discussed if Officer Adams had thought to influence her stopping a vehicle. Under certain laws Adams had a right to seize the gun and marijuana baggie because she had probable cause after the driver fled the scene. Exigent circumstance was also discussed and Adams had the right to chase the vehicle. References

Conall Law School. (n.d). Legal Information Institute. Law.Cornall.edu. Retrieved June 16, 2023, from https://www.law.cornell.edu/wex/stop_and_frisk Justia US Law. (n.d). Reasonable Suspicion. Justia US Law. Com. Retrieved June 17, 2023, from https://law.justia.com/lawsearch?query=reasonable%20suspicion Merriam-Webster. (n.d.). Influence. In Merriam-Webster.com dictionary. Retrieved June 19, 2023, from https://www.merriam-webster.com/dictionary/influence Merriam-Webster. (n.d.). Reasonable suspicion. In Merriam-Webster.com legal dictionary. Retrieved June 19, 2023, from https://www.merriam-webster.com/legal/reasonable%20suspicion Merriam-Webster. (n.d.). Thought. In Merriam-Webster.com dictionary. Retrieved June 19, 2023, from https://www.merriam-webster.com/dictionary/thought US Department of Justice. (n.d). Plain View Doctrine Conclusion. Retrieved June 19,2023, from https://www.ojp.gov/ncjrs/virtual-library/abstracts/plain-view-doctrine-conclusion#:~:text=THE %20PLAIN%20VIEW%20DOCTRINE%20PERMITS,APPARENT%20AS%20EVIDENCE %20OF%20CRIME . VehicleChef. (n.d.). Can You Drive with A Broken Tail Light Cover? (Is it Illegal). Retrieved June 16, 2023, from https://law.justia.com/lawsearch?query=reasonable%20suspicion

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KBattle-CriminalProcedureAssignment-Unit2 (2) (2) (1)

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