This document discusses pretrial procedures related to probable cause for arrest and search warrants. It presents several hypothetical scenarios and asks a series of questions about whether the police have probable cause to arrest or search individuals in each scenario. The questions relate to an officer needing to enter an attached garage to arrest a defendant for assault, an officer in hot pursuit of a defendant, a known injured and unarmed defendant, probable cause to search but not arrest or vice versa, and probable cause to arrest and search individuals related to a reported jewelry store robbery where stolen items were dropped off at the police station. Responses to each question are requested to cite evidence and detail reasoning.
Pretrial ProceduresAssume a law enforcement officer has probable.docx
1. Pretrial Procedures
Assume a law enforcement officer has probable cause to arrest a
defendant for armed assault, and he also has probable cause to
believe that the person is hiding in a third person's garage,
which is attached to the house.
· What warrants, if any, does the officer need to enter the
garage to arrest the defendant? What if the officer is in hot
pursuit of the defendant? What if the defendant is known to be
injured and unarmed? Provide evidence to support your answer.
· Formulate a set of circumstances in which there is probable
cause to search but not probable cause to arrest or in which
there is probable cause to both arrest and to search.
· Mr. A walks into a police station, drops three wristwatches on
a table, and tells an officer that Mr. B robbed a local jewelry
store 2 weeks ago. Mr. A will not say anything else in response
to police questioning. A quick investigation reveals that the
three watches were among a number of items stolen in the
jewelry store robbery.
· Do the police have probable cause to do any or all of the
following?
· Arrest Mr. A
· Arrest Mr. B
· Search Mr. A's home
· Search Mr. B's home
If you answered no to any of the above, explain why in detail. If
you answered yes to any of them, draft the complaint or
affidavit for a warrant or explain why a warrant is not needed.
Be sure to cite all references in APA format.
Deliverable Length: 4-6 pages
Thesis: Death penalty should be abolished.
Main Point 1: The death penalty is proven unconstitutional.
2. Main Point 2: The death penalty should be abolished because
there no evidence it will reduce crime rates.
Main Point 3: Death penalty causes socio-economic
discrimination.
Conclusion: In conclusion, crime is everywhere I think
capital should be banned. As it is the violation of human rights.
Vivian J. Woodland
American InterContinental University
English 107
The main point was about the death penalty for killing a 20 year
old girl. It was interesting because the victim’s Mother was
very sad that her daughter was dead but she was not interested
in seeking the death penalty and she was not interested in
putting her family through a lengthy legal process. What I
found valuable about the case is that The victim’s Mother
pleaded with the State of Florida “not to seek the death penalty
for her daughters murder because they couldn’t stand putting
the family through the trials and lengthy appeals that come with
the death penalty cases” (Farah 2013).The case was significant
in that the victim’s family thought that the person who killed
Shelby “should face the consequences for what he did and be
held accountable (Farah 2013) ” and though t that the death
penalty in no way honors their daughters memory neither did
the killing provide solace to the family. The family thought the
death penalty “would inflict additional pain on the family”
(Farah 2013). I thought this was significant and I also agree
with the family who thought that they want to put it all behind
them and have some closure to Shelby‘s murder, as opposed to
drawing the case on and on for years.
(Farah 2013)
Adams, D. "Belief and Death:Capital Punishment and the
3. Competence for Execution Requirement." Criminal Law &
Philosophy. March 2016;10 (1):17-30, March 20, 2014: 10.
(Adams 2014) Reports on a “victim who is severely mentally
disabled person. The law is that if a condemned, death row
inmate may not be killed if, at the time of his scheduled
execution, he lacks an awareness of his impending death or the
reasons for it. It was disturbing and unethical to find the deeply
disturbed permissible to kill just as long as they meet some”
narrow test of readiness to die.” I find it disturbing as long as a
prisoner demonstrates an awareness of certain facts about his
death.” It is just wrong when prisoners who are psychotic or
delusional are executed.
(Cox, Amanda K 2013)
This study done on college students and the effects of
information and their attitudes they have about the death
penalty. The study examines the attitude and effects of
information. About the death penalty on the attitudes of
University Students. Unfortunately, “it was found that the
degree of attitude change at post-test did not differ significantly
between the experimental and control groups.” (Cox, Amanda K
2013).
(Experimental Groups and Criminal justice 1972) This was a
study test done because it was derived from the written opinion
of Justice Thurgood Marshall in Furman vs. Georgia in 1972.
Subjects completed questionnaire’s at the beginning and the
end of the fall semester. Experimental group subjects were
enrolled in a death penalty class; while other subjects were
enrolled in a criminal justice class. The death penalty class was
the experimental stimulus. The report found that subjects were
lacking in death penalty knowledge before the experimental
stimulus but, the death penalty proponents who scored” high on
a retribution index did not change their death penalty opinions
despite exposure to the death penalty kn owl edge. Even the
penalty proponents who scored “low on a retribution index also
did not change their death penalty opinions even though they
became more informed to the subject.
4. (Hoover and Cunnningham, 2007)
A case study was done in New Jersey on the death penalty to
replace it with life without parole and the state of New Jersey
replaced Capital punishment with Life without parole on
December 17, 2007. I thought that case study was significant
because it interview ed innocent people on death row and it took
into consideration the murder victims families as well. “Also,
they interviewed law enforcement officers who were in
opposition to the death penalty as well”. This case study was
done with an array of subjects who all were against the death
penalty.
Resources
Adams, D. "Belief and Death:Capital Punishment and the
Competence for Execution Requirement." Criminal Law &
Philosophy. March 2016;10 (1):17-30, March 20, 2014: 10.
Cox, Amanda K. Student Death Penalty. College Students
Attitudes, Los Angeles, CA: Journal of Criminal Justice
Education, 2013.
Experimental Groups and Criminal justice. Public Opinion
Hypothesis. Experiment questionnaires on the death penalty,
orlando, FL: Criminal Justice Administration, 1972.
Farah. "My Daughter's killer should not get the death penalty."
My Daughter's killer should not get the death penalty, 2013: 1.
Hoover, Andy, and Ken Cunnningham, . Social movement. Case
Study, New Jersey: Humanity and Society, 2007.