In everyday cases there are several factors included that must be met for the justice process to be effectively worked out. Probable cause is “ the minimum standard necessary for an arrest under any circumstances.” (Schmalleger,2012). Probable cause is facts that lead to a warrant, arrest, or search. This is the first step in receiving a warrant to search a suspects home, or car. Certain standards are required when coming up with probable cause. There is a certain process by which a warrant is issued, and all officers must obey all suspects…
I went to a case in Peoria, Illinois at the Peoria County Courthouse. The case that I observed was not the first that I have seen there and actually the first case I saw there was similar to the one that I had saw for my Business Law class. The case that I saw was Sate vs. Wilkers and the charge that was brought to him was 1st degree murder. The first case I went to was also a 1st degree murder but it happened a little differently then the way this one happened. There were not many people in the courtroom really just the family of the person that was murdered and I think the reason that it was that way is because the shooting was gang related. It was pretty easy to fond a trial in Peoria because they have one of the highest crime rates in Illinois, but also because gangs are known in Peoria. The first case I had ever gone to was definitely gang related because it happened in a shooting involving two gangs. One thing I noticed was that another state attorney, I think, followed every witness out that testified against Wilkers. Which was a little weird but I am not sure if that is done regularly or there was a reason why he followed just them out. I missed the opening statements but obviously they did not have a plea bargain and Wilkers obviously pleaded not guilty.…
If a police officer is arresting someone in public they do not need a warrant because they have witnesses…
The pressure a witness feels in a lineup to choose a suspect can be a great one. Often times the witness looks to the police officer for guidance. When a witness is not sure they may identify a suspect and after ask the police officer how well they did and if they choose the right person. When conducting a lineup, a police officer should be careful not to give feedback or confirmation. When a police officer simply says “good job” even if the witness chooses wrong, it can cause a huge confident boost. When its time for the trial the witness is more likely to make the same mistake again (Clare, 2012, para. 7). When conducting a lineup, the police should use the Blind or Blinded Administration method. In this method the police officer does not know anything about who the suspect is. This will prevent any suggestive or…
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred’s dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. During the processing of his arrest paperwork, the officers search Fred’s possessions which he brought to the station, and a small quantity of cocaine is found in Fred’s pocket. Fred is charged with DWI, leaving the scene, and possession of cocaine. What issues do you see? How should they be resolved? (50 points)…
When a crime is reported to police, they have to gather enough information to make an arrest and sustain charges to be proven in court, beyond reasonable doubt.…
Most people do not realize that arrest records for every person in the community can be accessed completely free by anyone who has an interest..…
I think that officers will face more problems when they lack probable cause. In this case the officer went on a hunch without seeing, having any witnesses or hearing of anything that could possibly lead to obtaining a warrant. This seems to be an ongoing issue for officers because they’re many people that can be read about that feel they have been a wrongfully abused or a subject of officer misconduct.…
Trespassing is defined as physical entry onto another person’s property without the consent of that person. The the textbook further defines the elements of trespassing stating; the Actus Reus is entering or remaining on another’s property, and the Mens Rea is the knowledge or awareness that one does not have lawful access. In the case of Jorge Ramirez, New Hampshire’s criminal trespassing law uses broad language that makes it seem applicable to immigration, stating that a person is guilty "if, knowing he is not licensed or privileged to do so, he enters or remains in any place." Where this law uses the phrase “any place”, most states' trespass laws refer specifically to private property and would be difficult to apply to immigration.…
What can you observed from this statement? “When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;” the police officer is witness to the commission of the offense in other words he was caught in the act! The long standing rule therefore is that reliable information solely /alone would not suffice to justify warrantless arrest. The arresting officer must have personal knowledge . what do you mean by personal knowledge? He has actually seen it , heard it indicating that the person to be arrested has committing , was committing…
In order to be a police officer you must not just fill out an application, go through the academy, and start issuing tickets. In order to become a police officer you must feel it deep down in your soul and DNA. You must want to be a part of something bigger than yourself. Being a police officer is not just a career it’s a calling. I have heard this calling and I am pursuing the route to answering it. I have started my college courses in the first of 3 steps to obtaining a career with the Delaware State Police and I am confident I will succeed. In order to succeed at something so selective and challenging you must understand the cause and truly feel the duty it brings to you. Those that possess the characteristics for becoming a police officer could not do anything but be a police officer, it’s something you’re born with and that you feel. It chooses you, you do not choose it.…
The Miranda Rights process may sound flawlessly, but is it really all for show? You and I have seen the Miranda Rights being said countless time on T.V hit shows like; Law & Order and CSI. The Miranda Rights really make the T.V characters sounds authoritative when they apprehend the criminal. All United States citizens should know the Miranda Rights process. Not just hearing the Miranda Rights but how does how the process really goes when you are in the situation like the shows on television. Why is important to understand the Miranda Rights in your environment? And how might the Miranda Rights is improved socially? Both of us may understand the Miranda Rights to…
This paper is regarding the issue of race in the media, as it relates to referencing various ethnic backgrounds throughout coverage of criminal stories. I am currently a student, studying Criminal Justice, which calls for many outside of the classroom encounters with the law, regarding research, reading, and simply keeping up with current events. The Washington Post, to me is my main source of information regarding local crime trends. Throughout my research, I have noticed a potential issue regarding the referencing of races, that could lead to future animosity (if there isn’t any already), and that could add to future misconceptions of specific race categories, that more than likely would be generalized to entire populations. There has been recently been a huge realization that many Americans associate specific races with specific crimes. Looking back to date, two major events have shocked many Americans, based on the actual race of apprehended suspects. The D.C. sniper incident and the Virginia Tech shootings are both incidents that really brought to light the issue of race and crime. In the case of the sniper, many assumed that from past situations mixed with stereotypes, that the snipers were white. In the case of the Virginia Tech shootings, no specific race was mentioned in the questioning of who committed such a heinous act, probably from the lesson learned in the sniper situation. Once the police verified who committed the acts, once again, there was shock, brought around the race of the sniper. No one suspected the killer to be Asian in the case of the Virginia Tech shootings.…
Probable cause is a standard that all law enforcement officers abide by when searching for evidence on a person or their property to get a warrant and make an arrest. Probable cause affects the actions of police because if they do not follow these guidelines they can be reprimanded and the person they are trying to arrest will be let go and the evidence they found could be thrown out of court. Officers have to meet the criteria in order to make the arrest so I would say 8 out of 10 times someone is arrested.…
In 1966, as a result of the United States Supreme Court, Miranda v. Arizona established your “Miranda rights.” The Miranda rights are intended to protect an individual’s Fifth Amendment right to refuse to answer self incriminating questions.…