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Tuesday, November 6, 2012

Police Actions & the Laws on Several Cases

While his post-arrest search was specifically for weapons, the Terry standard does non apply, and Officer Smith was non restricted to searching for weapons.

We may now turn to Chad's click interview and confession. The interview was conducted by a narcotics officer, who was evidently designate because cracking cocaine had been gear up. It world power be argued that IF the ball of crack had not been open, or was find outd inadmissible, Chad would not normally soak up been interviewed by a narcotics officer. However, Chad was arrested in the first place for alter assault, and certainly would have been interviewed at the jail by roughly officer. There is no reason to suppose that only the considerateness of being interviewed by a narcotics officer led to his accession to Thelma's murder. In whatsoever case, had Officer Smith not found the crack cocaine, it should have been found when Chad was booked into the jail.

Chad was duly provided his Miranda warn before being interviewed at the jail. The interviewing officer may because testify as to Chad's education regarding Thelma's murder, while any specifics he provided may be used in further probe of that crime. The interview does not, however, stand as equivalent to a write statement of confession under Texas justness. Such a statement must, on its face, show specific elements that go somewhat beyond the federal Miranda standard, and which are not indic


Issues raised by search and siezure:

On the different hand, defenders of the exclusionary rule might argue, the "slippery slope" to abuse lies not in the misbehavior of bad cops, but in the well-meaning actions of true(p) cops, who in their daily work are constantly confronted with perimeter cases. In a dangerous neighborhood, an officer stops an one-on-one leaving a known drug house and conducts a Terry search for weapons. Does he or she pretend not to notice that he knows something in the individual's pocket that does not feel like a weapon, but does feel like a bag of drugs? But if the officer is free to search for contraband, where is the line drawn. Is the only line the officer's impression, based on experience, that someone fits his or her informal profile of a drug user?
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If other sanctions take the place of the exclusionary rule, will they be effectively applied. get out departments discipline an officer who, in conducting a marginally out-of-policy search, found evidence of a serious crime? Will regularize attorneys, who depend on a working relationship with law enforcement, charge any but the most egregious violators?

ated in the statement of facts. In general, however, the statement of facts indicates that proper procedures were followed in separately phase of the response and investigation of Chad.

Indeed, on the face of it, Jones had as much reason to suspect Long of having filed a specious police report as to suspect Platt of theft. Filing a false report would be a considerably to a greater extent serious offense than taking and subsequently replacing a light bulb. It is true that an ordinary citizen might report any unauthorized entry into his dwelling as "breaking in," unconstipated if entry was made by simply opening an unbolted door. Nevertheless, the totality of these circumstances, as reported in the statement of facts, might lead a police officer to wonder intimately Long's veracity and motives.

In the practical world of law enforcement, however, the issues that
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