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 apologise less search of the subject2, but otherwise circumstances need to indicate likely eccentric to apprehend the suspect or make a warrant less entry into a private home3. Flight alone would not 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 injured and unarmed then the officer may still enter the garage under the emergency doctrine. Under the emergency doctrine, law enforcement officers may enter a dwelling without a warrant when they reasonably believe that a person within is in need of immediate aid5.2) Formulate a set of circumstances in which thither is probable cause to search 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 s earch.At 935pm officer McCoy notices a blue sedan parked in the park lot of benignity 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 device number one wood that he will not be allowed to be on Park ground including the parking lot in another 10 minutes. Officer McCoy, who is old(prenominal) with the smell of marijuana, catches a strong odor 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 inside of the vehicle. Upon questioning the driver refuses to answer any of the officers inquiries. Officer McCoy now has probable cause t o search the vehicle. After a search of the drivers person and vehicle Officer McCoy found no drugs or drug paraphernalia or any other contraband. The officer had the right to make a warrant less search but not a warrant less arrest. Probable manage to discover but not Probable Cause to SearchMr. Tomas was distributing pamphlets in the lobby of a Masonic Temple. An authorized representative of the temple asked Mr. Tomas to pass on the building. Mr. Thomas refused to leave the building and continued distributing pamphlets. About Ten minutes later two 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 two 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 di fferent calls that gun shots were fired at residence 56 West Elmhurst. The close police cruisers responded to the radio dispatch. Three cruisers appeared on the scene and parked in front of the residence.