6.
a)
The arrest of Otto Theef was authorized. The police had received a reliable tip from an informant telling them that Theef had been involved in the crime. For a tip to be legitimate it needs to be from a reliable source and must be detailed. The informant was reliable and well-known, additionally the tip was detailed with what was stolen and where it was going to be shipped. Because of this the police officer put Theef under surveillance. When he saw Theef drink a lot of alcohol and then get in his car and drive he alerted other officers of this to pull him over. Police can pull over a motor vehicle for five things and one being checking for sobriety. If a person fails the ASD test, you can smell the alcohol on them or their speech is slurred or any combination of the three can lead to the arrest of the individual. Theef had a slurred speech, smelled like alcohol, and failed the ASD test meaning that he could be arrested. On arrest the officer also read him is 10 (a) and …show more content…
This is because the identification number of the car is not a breach of privacy. When the verification number on a car is being checked it is just verifying that the car is the one it is said to be. Also since the officers saw the vehicle during the arrest they can legally search the general area for things in plain sight, which the car was. The preservation of evidence is also an exception to searching inside a house incident to arrest. In the textbook it states that there are two main purposes of searching incident to arrest, safety and for evidence relevant to the crime. The car was the reason for the arrest making it very relevant evidence. Also the evidence could have gone out of existence if the officers had to go get a warrant so in order to insure the safety of the evidence the officer verified that the vehicle was in fact the one that was stolen. Since the search of the car was done legally it was
a)
The arrest of Otto Theef was authorized. The police had received a reliable tip from an informant telling them that Theef had been involved in the crime. For a tip to be legitimate it needs to be from a reliable source and must be detailed. The informant was reliable and well-known, additionally the tip was detailed with what was stolen and where it was going to be shipped. Because of this the police officer put Theef under surveillance. When he saw Theef drink a lot of alcohol and then get in his car and drive he alerted other officers of this to pull him over. Police can pull over a motor vehicle for five things and one being checking for sobriety. If a person fails the ASD test, you can smell the alcohol on them or their speech is slurred or any combination of the three can lead to the arrest of the individual. Theef had a slurred speech, smelled like alcohol, and failed the ASD test meaning that he could be arrested. On arrest the officer also read him is 10 (a) and …show more content…
This is because the identification number of the car is not a breach of privacy. When the verification number on a car is being checked it is just verifying that the car is the one it is said to be. Also since the officers saw the vehicle during the arrest they can legally search the general area for things in plain sight, which the car was. The preservation of evidence is also an exception to searching inside a house incident to arrest. In the textbook it states that there are two main purposes of searching incident to arrest, safety and for evidence relevant to the crime. The car was the reason for the arrest making it very relevant evidence. Also the evidence could have gone out of existence if the officers had to go get a warrant so in order to insure the safety of the evidence the officer verified that the vehicle was in fact the one that was stolen. Since the search of the car was done legally it was