Did you have probable cause to seize the cocaine, law homework help

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Business Finance

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While on routine patrol, you notice a car with two people inside parked behind a business that has closed for the evening. You have recognized this to be a high-crime area that has had several burglaries recently. As you pull behind the car, you shine your spotlight on the vehicle and notice the passenger in the front seat leaning down between the seats. You order the individuals out of the car and place them both in handcuffs for protection. After frisking them for weapons, you approach the passenger side of the vehicle and notice a six-pack of beer on the front floorboard. As you move the carton, you find a small container of what appears to be a controlled substance. You conduct a preliminary field test, and the substance tests positive for cocaine. Based on your readings in the text and your research on the Internet, answer the following questions:

  • Did you have probable cause to seize the cocaine? Why or why not?
  • Does the plain view doctrine apply in this case? Why or why not?
  • What responsibility, if any, does the driver have as it relates to the seized evidence? Explain.
  • In your own words, explain the concept of exigent circumstances.
  • In your own words, explain an officer’s need to obtain a search warrant to perform a search.
  • What is the controlling constitutional issue involved in this scenario, and how does it apply? Explain.

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Explanation & Answer

Attached.

Search without Warrant-Outline
Thesis statement: Therefore, based on the law, the police officer could justify his actions in that
manner, since there was a considerable amount of suspicion raised from the behavior and
location of where the suspects were in addition to the timing.
I. Introduction
II. Body
A.

Probable cause to seize the cocaine

B.

Plain View Doctrine

C.

Concept of exigent circumstances

D. Need to obtain search warrant
E. Controlling constitutional issue
III. Conclusion


Search without Warrant-Outline
Thesis statement: Therefore, based on the law, the police officer could justify his actions in that
manner, since there was a considerable amount of suspicion raised from the behavior and
location of where the suspects were in addition to the timing.
I. Introduction
II. Body
A.

Probable cause to seize the cocaine

B.

Plain View Doctrine

C.

Concept of exigent circumstances

D. Need to obtain search warrant
E. Controlling constitutional issue
III. Conclusion


Running head: SEARCH WITHOUT WARRANT

Search without Warrant
Name
Institution

1

SEARCH WITHOUT WARRANT

2
Search without Warrant

Based on the case study, there is probable cause to seize the cocaine. The justification is
the fact that, from the case study, the suspected car was parked at a high crime area that had been
previously suspected of burglary. Additionally, the car was parked outside a business that had
already been closed down. The two reasons can be used, as justification against...


Anonymous
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