Reasonable suspicion

Did the police officer possess a reasonable belief based on "specific and articulable facts, that the suspect is dangerous and the suspect may gain immediate control of weapons? Was the officer’s search of the defendant’s person, unconstitutional and did he need a search warrant? Did it invade his privacy? http://www.nolo.com/article.cfm/objectID/DED24689-ADA8-4785-887A0B4A19A694DE/104/143/127/ART/ Assuming the initial routine check was valid, you might consider whether the seized evidence (e.g…

Reasonable suspicion occurs when a “reasonably prudent person” would believe that the suspect’s actions show an intent of removing or consuming items belonging to the store without paying for it. Brown v. Winn-Dixie Atlanta, 389 S.E.2d 530, 532 (Ga. Ct. App. 1989); Kresge Co. v. Carty, 169 S.E.2d 735, 738 (Ga. Ct. App. 1969). Lingering around the store with no sense of purpose is considered reasonably suspicious behavior. Brown, 389 S.E.2d at 532; Lord v. K-Mart Corp., 340 S.E.2d 225 (Ga. Ct.…

Summary of the case: On March 23, 2014 at 3:00am, a black male wearing a leather jacket was spotted pulling car doors in a parking lot. When police arrived they pulled over Mr. Price on the sidewalk ( a black male wearing a leather jacket) and asked if they could search him. He agreed, but proceeded to grab his backpack and run. The backpack was found 50 yards later with a gun and some papers belonging to Mr. Price. He was convicted of many criminal charges and sentenced to 18 months in prison.…

constitutional emphasis from this case study relate to the Fourth Amendment rules of search and seizure and the Fourteenth Amendment right to due process. Essex sums up the general rulings of courts by stating,”It is important to remember that a fair and reasonable exercise of administrative authority will withstand court scrutiny.” (Essex, 2016, p.53) This case…

way the situation turned out, I do think the use of force was reasonable. My justification for this was due to the suspect fighting back and resisting the officer when he was in the vehicle. As well as the…

A woman voluntarily interviewed with police detectives while other officers executed a search warrant at her home. Upon learning of this at the end of the interview, two detectives were unsure if they should let her go. The woman contends that these factors together rendered the interview a custodial interrogation without Miranda warnings thus making her statements inadmissible. A court would likely find, however, that the woman was never in custody because she was never under formal arrest or…

California 573US_2014. The ringtone “Because I Got High” is not reasonable suspicion as it does not directly relate to whether or not L.O.L. had possession of marijuana. People use songs as ringtones all the time. Even songs of controversial subjects. The song itself does not contain any specific and articulable facts pertaining to L.O.L. and his drug use, if any.…

3. What can school administrators hope to gain from knowledge of the sources of law that impact schools? School administrators make certain decisions everyday and many of them have remarkable legal significance. Because of these decisions, school leaders have the responsibility of knowing and understanding state, federal, and case law that governs general education, special education, and community education. It is imperative that school leaders have appropriate legal knowledge base that…

questioning if there are particular, powerful fact that would lead a reasonable cop to believe that criminal activity is near. When this type of detention is made, a pat down of the outer clothing may be conducted for weapons only if there is a reasonable suspicion that the detainee is armed. If a car is stopped, the officers have the right to search the passenger compartment for weapons only if there is a reasonable suspicion that the car contains weapons. The right to detain a person for a…

this police officers may be hesitant to use their authority (even if reasonable grounds are present) against ethnic minorities in the fear of being targeted and labelled as being racist or discriminative. Furthermore, it is important to take into account that the definition of 'reasonable grounds' is not clearly clarified, which raises concerns with individual differences and subjectivity as all police officers would perceive suspicion incongruously. This possibly could be interpreted by the…