Questions on Law Assignment Example | Topics and Well Written Essays - 1250 words

Questions on Law - Assignment ExampleThe patrol ships military incumbent who witnessed their act together with his back up team issued citation for the suspects. The gang moved a doing for dismissal of their cases on the ground that their citations were issued by officers who lacked probable ca practice. Legal principle Prosecutions argument The case is based on the principle of probable cause for making an peg. below the principle, a law of nature officer can make a instanceless arrest, and citation, if there is a sufficient probable cause. A police officer can justify the move under probable cause in two circumstances. The officer must be able to explain the information that led to the assumption that the suspect was involved in a criminal act and the officers move must halt been based on the suspected cause (Bergman and Berman, 2011). The likely ruling In the cases of Maryland vs. Pringe, Ybarra v Illinois and the case of State v. Sokolow, it was held that the mien of an incriminating evidence and reasonable suspicion form ground for sufficient probable cause to arrest a suspect. It was further held, in the case of Alabama v. White, existence of probable cause is sufficient. The judge is and then likely to uphold the case due to sufficiency of probable cause that the officers had (Bergman and Berman, 2011), (Carmen, 2009), (Meeker, 2004).... The gang can use this principal to suppress the paper (Meeker, 2004). Prosecutions likely argument The law exempts the need for warrant before a hunt in cases where the searches are conterminously related to an arrest. In the case of conscientious objector v. Bertine, the courts held that searches of a someones possession are admissible if the search is done within the immediate scope of the arrest. The prosecution can thus argue that the retrieval of the paper was incident to the issuing of citations and therefore admissible (Carmen, 2009). The judges likely decision The judge is likely to uphold the e vidence. This is because the suspects were under the trust of the police and the case of Colorado v. Bertine would be more applicable (Carmen, 2009). Question 3 Search of Mas car Tony accepts citation and gets into Mas car. A police officer then asked to search Mas car and she sped off. Legal status of the search Ma was obliged to let the police officer search her car. Reason Search on motor vehicles are governed by the Fourth amendment. Under warrantless search and frisk, a motorist can be searched on two grounds. The motorist must have been reasonably suspected of association with a criminal act. A search is also called for if the police officer feels threatened. The basis of a motorists association with a criminal act was established in the case of Pennsylvania vs. Mimms in which it was held that there must be a legal ground for halt the car (Carmen, 2009). Persuading the court that the search was invalid A search, considered as a breach of a persons privacy, is valid if it is done legally. The general rule for warrantless searches is that they have to be done with free agree of the suspect