Essay Instructions: Find a recent news article on the Internet that concerns probable cause and criminal procedure.
Write a summary of the article in which you analyze the requirements for search and arrest warrants and how they relate to probable cause. In addition, discuss exceptions to warrant requirements.
Excerpt From Essay:
Essay Instructions: Project Introduction:
After the events of September 11, 2001, police departments have become more vigilant in their efforts to monitor and head off acts of terrorism. The first and most important change that has developed since that time is the fact that police departments are more willing to share information with one another. This allows for an increase in the overall access to some potentially vital information by creating a kind of pool from which various departments can draw information. The second change is the way that federal agencies release criminal intelligence to state police agencies that, in turn, pass this on to the local police departments.
In this project, you will assume the role of a police detective working in a local department. According to the information received from the state police, a terrorist, known as Ana Asif, is operating out of a small apartment complex located in your city. Using some basic investigative skills, you will investigate the lead and develop enough information to decide whether an arrest is warranted.
Course Objectives Tested:
Describe the process of criminal investigation.
Describe the different types of evidence, including physical, electronic, and circumstantial, and identify the role of each type of evidence in the criminal investigative process.
Discuss the major investigative techniques used in criminal investigation.
Describe the process of arresting a suspect.
Describe the factors related to investigating violent crimes, including homicide, rape, robbery, and kidnapping.
Describe the special process of investigating illegal drugs, vice, terrorism, and computer crimes.
Discuss the future possibilities of crime detection and criminal investigation.
Apply investigative tools and resources to the criminal investigation process.
Project Submission Plan:
Project Part Description/Requirements of the Project Phase
Course Project Part 1 Title: Search Warrant Request
You are the investigating officer involved in the discovery of a possible terror cell located in an apartment complex in your city. According to police sources, the group has been communicating via e-mail with other cells in the area. Supposedly, the e-mail messages concern a possible bombing of the local bus transit system. The main subject involved, Ana Asif, lives at 123 Main St. Apartment A. This is the place where the warrant will be served.
Create your own probable cause statement requesting a search warrant.
Go to the following site: http://www.dentoncounty.com/dept/da/html/documents/Search%20Warrant%20Master%20Data%20Only.doc
Study the document template on this site to get an idea on what information the following documents contain regarding computer seizures: probable cause affidavits, search warrants, and returns.
Design your own probable cause statement, not a search warrant or returns, making up the pertinent information needed.
Create your own agency, locations, and names. However, the name and address of the main suspect is to remain as listed.
Deliverables and Format:
The affidavit should follow the proper format as provided in the link
Excerpt From Essay:
Essay Instructions: Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house. What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
Formulate a set of circumstances in which there is probable cause to search but not probable cause to 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.
Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store two weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery. Do the police have probable cause to do any or all of the following?
Arrest Mr. A
Arrest Mr. B
Search Mr. A's home
Search Mr. B's home
If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.
Excerpt From Essay:
Essay Instructions: While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, ?What do you have?? You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Part 1: 3 pages
Research and provide 2?3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario.
Your case briefs should follow this format:
? Title: Title of the selected case
? Facts: Summary of the events, court timeline, evidence, and so forth
? Issues: Issues that were present in this case
? Decisions: The court's decision and the conclusion to the case
? Reasoning: The rationale behind the final decision
? Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
Answer the following questions:
o Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
o Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
o Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
o If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
Part 2: 1 page
What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain.
What options does the court have regarding the case in question? Be specific.
If the appellate court finds that the defense is valid and reverses the judgment, will you be held liable either civilly, criminally, or both? Will the department be held liable?
? If you or the department is held liable, explain the theory involved.
? Be sure to reference all sources using APA style.
Excerpt From Essay:
I really do appreciate HelpMyEssay.com. I'm not a good writer and the service really gets me going in the right direction. The staff gets back to me quickly with any concerns that I might have and they are always on time.
I have had all positive experiences with HelpMyEssay.com. I will recommend your service to everyone I know. Thank you!
I am finished with school thanks to HelpMyEssay.com. They really did help me graduate college..