You're the Judge

User Generated

zrfgref2

Humanities

Description

You are a state court judge who has been presented with the following facts. A criminal defendant was stopped by police after an officer observed him speeding. A computer check showed that the man had an outstanding misdemeanor warrant for his arrest. While he was being arrested, a marijuana joint fell from his pocket. The officer searched his car and found additional illegal drugs. The warrant information was subsequently discovered to be inaccurate in the computer system- it had been dismissed. The defendant files a motion to suppress the drug evidence. In a 2-3 page essay, describe how would you rule on this motion. Please explain with supporting reasons. Be sure to cite any outside sources used in your work, and follow APA guidelines.

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Explanation & Answer

Attached.

Running head: UNWARRANTED SEARCH

1

Unwarranted Search
Student’s name
Institution affiliation
Date

UNWARRANTED SEARCH

2
You're the Judge

Over the years, many cases which have come before trial in the criminal justice system
and which involved traffic stops and subsequent search have been dismissed. This has happened
despite the recovery of incriminating evidence in such occurrences. In most of these cases, the
defendants argue that such evidence was recovered through procedures not provided for by the
existing laws (Carmen, 2002). According to the criminal laws of the country, a police search
ought to be accompanied by a valid warrant issued by a practicing judge. When such a search is
conducted without a valid warrant, it is considered a violation of the laid procedure, and in
specific a violation of the Fourth Amendment which protects personal privacy, and guarantees...


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