Probable cause, plea bargaining, corrections

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Business Finance

Description

This assignment will be completed in 3 parts. Please complete all 3 portions and submit the work in the Submitted Files area.

Key Assignment Draft

Part 1 Law Enforcement:

Now that Mr. Shane White has been sentenced, we now want to focus our attention on the drug dealers supplying Mr. White. Tom Richards and John Smith were named as two of Shane White’s drug dealers during the debriefing of Shane White. We know that Tom Richards lives at 66 ½ 62nd Street, Brooklyn, NY. We need to build our case so your supervisor has agreed to dispatch surveillance officers to watch his residence.

As we are conducting surveillance of the residence, we notice Tom Richard step out his front door. A car pulls into the driveway and we see what appears to be drug/money exchanges occur. So, one of the surveillance vehicles (you and your partner) decide to follow the car, while another watches the residence.

We notice that the vehicle has a license plate that does not match the vehicle, so we pull the car over without incident. You find out the John Smith is the driver of the vehicle. You ask for consent to search, and he says no. You decide to search the vehicle anyway. Your partner pulls you aside and tells you this could be civil rights violation. You ignore him and continue to conduct the search. You find 1 pound of marijuana stashed in the seat. You seize the drugs and take it to the evidence room for processing.

  • Address the following in 400–600 words:
    • Did you have probable cause to stop the vehicle? Research and present specific case law to support your response.
    • Did you have the right to search the vehicle? Research and present specific case law to support your response.
    • Are there any possible ethical concerns that could arise from this case? Explain your answer in detail.
  • Be sure to reference all sources using APA style.

Step 2: The Courts

Assume John Smith has decided to enter into a guilty plea. His attorney advised him that entering a guilty plea will reduce his sentence and promised the judge would only sentence him to 6 months in the prison system since he would be eligible for judicial release. John Smith decides to enter the plea of guilty, but was sentenced to the maximum sentence possible. On the record the judge asked if the statement of facts in the case was correct and if anyone promised him anything in exchange for the plea. Mr. Smith stated no and agreed that the statement of facts was true and accurate.

  • Address the following in 400–600 words:
    • What is plea bargaining? Explain.
    • What are 2–3 examples of plea bargaining? Be specific.
    • Create arguments both for and against plea negotiations.
      • What are the advantages and disadvantages of plea bargaining? Explain in detail.
    • Do you agree with plea bargaining practices? Why or why not?
      • Be sure to cite specific case law to support your response.
    • Were there any ethical concerns presented in the example above?
      • Be sure to evaluate the ethics code presented by your state bar association.
  • Be sure to reference all sources using APA style.

Part 3: Corrections

John Smith has just been transferred to the department of corrections intake/reception center. He was advised by the classification officer that it would be difficult for him to obtain employment once he was released, and placing him into a reentry program could be beneficial for him. He was genuinely surprised by the classification officer’s statements and decided to take the advice of the intake officer.

  • Address the following in 400–600 words:
    • Assume you are the classification/intake officer. You want to ensure that Mr. Smith succeeds by creating a case plan that fits his needs.
    • Evaluate one prison program that is currently implemented in your state that you think could benefit Mr. Smith. Address the following;
      • Describe the program and discuss how this would benefit Mr. Smith.
      • Be sure to discuss how he would benefit from each stage of the process.
      • Discuss all program components and evaluate the success.
        • That includes evaluating recidivism statistics.
  • Be sure to reference all sources using APA style.

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Explanation & Answer

Attached.

Running head: PROBABLE CAUSE

1

Probable cause, plea bargaining, corrections
Student’s name
Institution
Date

PROBABLE CAUSE

2
Part 1: Law Enforcement

The Fourth Amendment to the U.S Constitution protects individuals from unreasonable
intrusion into their private lives, homes, businesses, and properties without a legal warrant issued
by a court of law. Over the years, courts and legislative assemblies have established laws geared
towards safeguarding the rights provided for by the Fourth Amendment. These institutions have
also established specific instances where the rights provided for by the Fourth Amendment can
be interfered with without violating the law. Such limited instances provide for how police
officers can go about by searching and making arrests on private properties. With Shane having
named Tom Richards and John Smith as two drug dealers who have been supplying him with
drugs, the two are classified as witnesses and ought to be investigated. With police officers
following a vehicle which they suspect to be transporting drugs and which license plates do not
match the vehicle, they decide to pull it over. A request for permission to search the vehicle is
rejected by John Smith, the driver but the officer proceeds to search the vehicle despite a
warning of civil rights violation from the accompanying officer. In the process, 1 pound of
marijuana s recovered. In the present situation, we shall analyze if the police officer commits any
civil rights violation by proceeding to search the vehicle despite earlier resistance from the
driver.
The Fourth Amendment provides that government can intrude into one’s private life
when there is a probable cause. According to Ferguson (2012), a probable cause is the reasonable
grounds for a police officer to believe that a particular individual has committed a crime. There
are several sources of probable cause and include observations, circumstantial, and law
enforcement officer expertise. With Tom Richards having been mentioned by Shane as a drug
dealer, the exchange between him and the vehicle occupants would be cited as one of the

PROBABLE CAUSE

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possible sources of the observational probable cause. Other than this, the vehicle in question
didn’t match with the license plates hence the police officers had sufficient reasons to suspect the
occupants had committed a crime. With Jo...


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Just the thing I needed, saved me a lot of time.

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