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Essay / Research Paper Abstract
A 3 page research paper that examines the legality of a case scenario. In this scenario, officers become suspicious of the behavior of two suspects in an area of a city known for drug trafficking. The officers follow the suspects' car and order the suspects to vacate the vehicle. Several loaded magazine clips are in plain view in the car. The suspects are arrested on loitering charges, and the illegal items are seized. Was this stop legal? The writer argues that the stop was legal, citing various examples from case law. Bibliography lists 6 sources.
Page Count:
3 pages (~225 words per page)
File: D0_khpcveh.rtf
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Unformatted sample text from the term paper:
trafficking. The officers follow the suspects car and order the suspects to vacate the vehicle. Several loaded magazine clips are in plain view in the car. The suspects are arrested
on loitering charges, and the illegal items are seized. Was this stop legal? Fourth Amendment right necessitate a search warrant for entry into residences. However, the Supreme Court, in
the case of Carroll v. US, the Supreme Court recognized an exception that allows police to search a vehicle without a search warrant if they have probable cause to believe
that the vehicle carries illegal items (Bulzomi 26). The "motor vehicle exception" differentiates between fixed domiciles and vehicles that can be "quickly moved out of the locality or jurisdiction
in which the warrant must be sought" (Bulzomi 26). Therefore, the fact that contraband was in plain sight constitutes legitimate probable cause. However, it is possible that the defense
for this case would attack why the police officers pulled the suspects over in the first place. In good police procedure, every time a vehicle is stopped the
rationale behind this action begins with an observable violation (Hustmyre 113). In this case, the officers had reason to believe the men were loitering. In a relevant case, police established
a checkpoint that limited driver access to a part of New York City known for its high crime rate (Crawford 27). Only "residents, drivers of commercial vehicles, driver of vehicles
dropping off small children, or visitors to the local church were permitted to enter the area (Crawford 27). The court ruled that turning people away from entering a high crime
area did not significantly restrict their freedom of movement (Crawford 27). Therefore, it is reasonable to assume that a court would not object to the fact that the police questioned
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