Criminal Law and Procedure Essay Example | Topics and Well Written Essays - 750 words

Criminal Law and Procedure - Essay ExampleIf the officeholder is in hot pursuit of the defendant the officer may make a warrant little wait of the subject2, but other spate need to indicate seeming convey to apprehend the shady or make a warrant less entry into a private home3. Flight only would non merit probable cause4, but the immediate knowledge of the defendant in flight of a felony such as armed assault would be probable cause and justify an arrest.If the suspect is wound and unarmed then the officer may still enter the garage under the emergency doctrine. at a lower place the emergency doctrine, law enforcement officers may enter a dwelling without a warrant when they reasonably moot that a person within is in need of immediate aid5.2) Formulate a set of circumstances in which there is probable cause to count but not arrest, in which there is probable cause to arrest but not probable cause to search, in which there is probable cause to both arrest and to search.At 935pm officer McCoy notices a drab sedan parked in the parking lot of Clemency Park. Clemency Park is not open to the public after 945pm. Officer McCoy gets out of his cruiser and approaches the blue sedan with the intention of informing the driver that he get out not be allowed to be on Park ground including the parking lot in some other 10 minutes. Officer McCoy, who is familiar with the smell of marijuana, catches a strong olfaction of marijuana 3 feet from the blue sedan. The officer takes note that there are no other vehicles in the parking lot and the odor must be coming from the sedan. Officer McCoy approaches the vehicle with his flash light positioned toward the driver side and knocks on the driver side window. The driver rolls down the window. Officer McCoy catches an even stronger sent of marijuana coming from the wrong of the vehicle. Upon questioning the driver refuses to answer any of the officers inquiries. Officer McCoy now has probable cause to search the vehi cle. afterwards a search of the drivers person and vehicle Officer McCoy found no drugs or drug add-on or any other contraband. The officer had the right to make a warrant less search but not a warrant less arrest. Probable Cause to Arrest but not Probable Cause to SearchMr. Tomas was distributing pamphlets in the lobby of a Masonic Temple. An authorized representative of the tabernacle asked Mr. Tomas to leave the building. Mr. doubting Thomas refused to leave the building and continued distributing pamphlets. About Ten minutes later ii officers arrived by call of the temple representative. The officers asked Mr. Thomas to leave the temple. Mr. Thomas refused to comply with the officers request. The twain officers subsequently arrested Mr. Thomas on the charge of Trespassing. The officers had probable cause to arrest Mr. Thomas but no cause to search without a warrant. Probable Cause to both Arrest and to SearchAt 115am The 35th precinct had gotten reports from two different cal ls that gun shots were fired at residence 56 West Elmhurst. The nearest police cruisers responded to the radio dispatch. Three cruisers appeared on the scene and parked in front of the residence.