(5 points for IRAC, 10 points for Rule Identification, 20 points for analysis, 5 points for conclusion, and 10 points for fully demonstrating the complete legal process in the answer).
QUESTION NO. 3:
On Saturday, August 20th, John and Jeff purchased a food truck delivery truck for their recently started business from an auto auction in Pennsylvania. The name of their business was AB’s Food Delivery, Inc., which operates in Baltimore, Maryland. The truck was an older model white truck with no markings on the side; and because they just purchased the vehicle, they only had temporary tags. While driving from Pennsylvania to Maryland, it started to rain heavily and they were forced to the side of a road near Hunt Valley, Maryland because the windshield wipers on the van were inoperable. Thus, John and Jeff sat in the van waiting for the rain to cease. About 30 minutes prior to John and Jeff pulling over, an older white van that was reported stolen was used in an armed robbery of a bank in Baltimore, Maryland. There were 4 masked men involved in the robbery and during the escape from the bank, the armed security guard was shot in the head by the robbers. The white van was reported as last being seen headed north towards Pennsylvania. A dispatch was sent to all law enforcement officers. Officer Johnson received the dispatch and he, as were all other officers, were on the lookout for a white van with 4 masked men. While driving in the heavy rain, Officer Johnson observed the white van that John and Jeff were in pulled over on the side of the road. Officer Johnson initially drove by the vehicle and attempted to look into the vehicle and saw two people not wearing masks sitting in the front two seats. Officer Johnson could see nothing else. Officer Johnson circled back and pulled up about 50 feet behind the van. John and Jeff did not see Officer Johnson pull up behind them. In fact, both John and Jeff had fallen asleep in the van. Officer Johnson called for back-up officers by stating “possible suspect van” located; and then approached the van. When Officer Johnson walked up to the passenger’s side of the window, he tapped on the passenger’s side window with his gun drawn, which startled John, who was seated in the passenger seat. Officer Johnson instructed John to step out of the vehicle with his hands up, which John did. Officer Johnson then instructed conducted a pat-down of John for weapons and found nothing but about $5000,00 in cash rolled up in John’s back pocket in a rubber band. Officer Johnson then instructed Jeff to step across the passenger’s side of the vehicle to exit on the passenger’s side of the van. As Officer Johnson was instructing Jeff to exit, Officer Arrington pulled up and observed Officer Johnson instructing Jeff to exit. Officer Arrington pulled his weapon out and approached the location where Jeff was exiting the van. As Jeff was exiting the van, he tripped over a tool in the passenger side and fell forward towards Officer Johnson. Officer Arrington immediately shot Jeff five times in the chest. Jeff died instantly.
USE IRAC for this scenario.