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Paper

  • Submitted by: asdflkjh
  • on December 6, 2011
  • Category: Miscellaneous
  • Length: 1,020 words

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Case Study 1: Officer Smith
In the case of Officer Smith’s stop, I believe that Officer Smith acted lawfully throughout the entire scenario and that all evidence should be admissible in court.   Officer Smith stopped a vehicle in regard to what he thought was a broken taillight, which makes the stop in itself viable.   While approaching the stopped vehicle, he noticed a resemblance between it and a vehicle possibly used in the murder of a fellow Officer (which would have also been another viable reason for the stop had he noticed this before hand).   Since he noticed this resemblance, the Officer was warranted in asking the driver to step out of the vehicle for a stop and frisk.   A stop and frisk occurs when an officer has reason to believe that the person stopped could potentially have a weapon; therefore it is in the interest of the Officer’s safety to pat-down that person’s outer garments.   In Terry V Ohio, the courts held that, “Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous [392 U.S. 1, 3] regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.” (roadblock.org)   After Officer Smith did a pat-down of the driver’s garments, he found no weapons and then complied with the law that no further searches should be conducted, and asked the driver to have a seat back inside of her car.
Once the driver was back inside of her car, the officer then treated the stop as he would on a normal every-day basis by asking the driver to provide her license and registration for the car.   At that time, instead of providing the requested materials, the driver then sped away and the Officer then gave chase to the vehicle.   The officer was warranted in giving chase to the car due to exigent circumstances....

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