Police responding to a call of shots fired, came upon a car crash. Stopping to help, the office noticed the driver bleeding with a weapon nearby. Drawing her service revolver, the officer pointed it at the driver and asked, "Are there other weapons?"
The driver indicated there were five shotguns in the trunk. Officer Kay then placed the suspect in handcuffs when he asked "Do you see my friend Robby?" Officer Kay looked around and said, "No, but where does he live?" Fred said that Robby often dealt drugs from an apartment at 512 Main Street and stated that they were involved in a shooting where a drug deal had gone bad. Officers went to the apartment on Main Street, arrested Robby and seized a significant quantity of cocaine. Robby seeks to suppress the cocaine as tainted fruit from Fred's unlawful arrest. Will he be successful? Explain your answer fully.
What will be an ideal response?
ANSWER: Answers may vary: The analysis first centers on the public safety exception to Miranda at the scene of the car crash; second on the unwarned custodial interrogation in the back of the car; third on the lack of a crime scene exception at Robby's house or whether exigent circumstances existed or whether there was sufficient probable cause. Robby would likely not be successful.
You might also like to view...
The performance domain rating scale (PDRS) is job-related and thus does not fall prey to the inadequacies of a global rating scale
Indicate whether the statement is true or false
Officers may lawfully seize evidence that the officers expected to find during the warrant-based search of a home as being in plain view even if they did not list the property on the paperwork used to obtain the warrant
Indicate whether the statement is true or false
Answer the following statement(s) true (T) or false (F)
1. The term law enforcement officer accurately describes the day-to-day duties of police officers. 2. It is possible for the actions of a single police officer to negatively reflect on all police officers. 3. Mainstream media and pop culture tend to focus on the law enforcement aspects of policing, whereas the majority of officers’ time is actually spent on order maintenance and service to the public. 4. Lack of trust in police may lead to decreased police legitimacy and greater challenges for police to retain order in the community. 5. It is the responsibility of the responding officer to quickly and accurately determine when a citizen is suffering from some sort of mental or behavioral disorder.
Contrary to popular belief, the Sixth Amendment does not guarantee the right to a public trial due to the risk of media influence
a. True b. False Indicate whether the statement is true or false