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 or 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 2 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.
Be sure to cite all references in APA format.
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.The intent of this paper is to assume that a law enforcement officer who may or may not have probable cause to arrest a defendant for armed assault. I will address if the law enforcement officer had probable cause to belie be that the person is hiding in a third person’s garage, which is attached to the house. Thus, I will explain if the law enforcement need or don’t need a warrant to enter the garage to arrest the defendant. I will examined if the officer is in hot pursuit with the defendant, and if the defendant is known to be injured and armed. Furthermore, I will explain if the officer probable cause to arrest and search the A and B residence.
What warrants, if any, does the officer need to enter the garage to arrest the defendant?
In order for the officer to enter the garage to arrest the defendant, and the 4th Amendment of the United States Constitution. No officer has the right to an unreasonable search and seizure, and the rights of the accused is protected, unless a judicial warrant with probable cause is supported with oath and affirmation (See Mapp v. Ohio, 367 U.S. 643 (1961). However, an officer executing a warrant for the search of premises is limited to a search of the place described in the search warrant. Thus, a misidentification will invalidate the search, unless the officer could not mistake the place to be searched, as cited in Allen, Hinga, Yatter, & DePianto...