Benchmark
Alyssa Melendez
Brakensiek
Criminal Justice 105
27 March 2012 Benchmark #3 1. Yes, the search of the vehicle was lawful. The officer smelled marijuana while Ross rolled down the window, during a routine traffic stop, giving the officer probable cause to search the vehicle. The probable cause was based on the officers’ personal observation. “Police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal.” (Gaines 160) The officer then found a pound of marijuana giving probable cause for arrest. 2. The statement about the drugs at Ross’ residence is admissible in court. The officer did not need to give Ross his Miranda warnings. “Miranda warnings are only required before custodial interrogation takes place.” (Gaines 176) Ross’ statement about the drugs was said prior to being taken into custody. 3. Yes, Ross and Rachel’s arrest was lawful because the officer smelled marijuana when he approached the vehicle. The officer then had enough probable cause to search the vehicle, which led to the discovery of a pound of marijuana. The illegal drugs led to the arrest of Ross and Rachel. “the court has established that the fourth amendment does not require police to obtain a warrant to search automobiles or other movable vehicles when they have probable cause to believe that a vehicle contains contraband or evidence in criminal activity” (Gaines 174) The vehicle was registered to both Ross and Rachel, they both were also in the vehicle while the car smelled of marijuana. The officer had enough probable cause to believe Ross and Rachel were transporting illegal drugs, based on the amount of marijuana found in the vehicle making the arrest lawful. The arrest is considered a warrantless arrest which requires an officer to observe a crime being committed or has reliable knowledge that a crime has been or will be committed. 4. Yes the search of Ross and Rachel’s house
Brakensiek
Criminal Justice 105
27 March 2012 Benchmark #3 1. Yes, the search of the vehicle was lawful. The officer smelled marijuana while Ross rolled down the window, during a routine traffic stop, giving the officer probable cause to search the vehicle. The probable cause was based on the officers’ personal observation. “Police officers may use their personal training, experience, and expertise to infer probable cause from situations that may not be obviously criminal.” (Gaines 160) The officer then found a pound of marijuana giving probable cause for arrest. 2. The statement about the drugs at Ross’ residence is admissible in court. The officer did not need to give Ross his Miranda warnings. “Miranda warnings are only required before custodial interrogation takes place.” (Gaines 176) Ross’ statement about the drugs was said prior to being taken into custody. 3. Yes, Ross and Rachel’s arrest was lawful because the officer smelled marijuana when he approached the vehicle. The officer then had enough probable cause to search the vehicle, which led to the discovery of a pound of marijuana. The illegal drugs led to the arrest of Ross and Rachel. “the court has established that the fourth amendment does not require police to obtain a warrant to search automobiles or other movable vehicles when they have probable cause to believe that a vehicle contains contraband or evidence in criminal activity” (Gaines 174) The vehicle was registered to both Ross and Rachel, they both were also in the vehicle while the car smelled of marijuana. The officer had enough probable cause to believe Ross and Rachel were transporting illegal drugs, based on the amount of marijuana found in the vehicle making the arrest lawful. The arrest is considered a warrantless arrest which requires an officer to observe a crime being committed or has reliable knowledge that a crime has been or will be committed. 4. Yes the search of Ross and Rachel’s house