Del Carmen, R. V., & Hemmens, C. (2016). Criminal Procedure: Law and Practice. (Chapter 1: The Court System, Sources, of Rights and Fundamentals of Principles, pgs. 1-31). Cengage Learning.
Respond to the below discussion in 300 each section
Include a Cover Page for each assignment. Always list your name, Professor’s name, course title, and the name of the assignment. I would like the assignment to be completed with Times New Roman Font (#12) and double-spaced. There is no need to repeat the questions or case studies in your responses. Just begin with your responses.
Chapter 3: PROBABLE CAUSE AND REASONABLE SUSPICION
- Officer Makin, a university police officer, received information that a student living in a campus dormitory was selling drugs. This information was conveyed to Officer Makin by an anonymous caller to the officers cell phone. Officer Makin knew the suspect in question and had similar suspicions. Officer Makin immediately went to the dormitory and stopped the student as he was leaving the building. Officer Makin arrested him, searched his pockets, and found drugs. Were these actions valid? Justify your answer.
- List the differences between probable cause and reasonable suspicion. (HINT: PAGES 84/85 of the textbook.
Chapter 4: THE EXCLUSIONARY RULE
Answer the below review questions.
- What is the exclusionary rule? Does it apply only to violations of Fourth Amendment rights or also to violations of any constitutional right in the Bill of Rights?
- The purpose of the exclusionary rule is to deter police misconduct. Critics, however, say the exclusionary rule has failed to achieve that purpose. Do you agree? Why or why not?
- What is the purged taint exception to the exclusionary rule? Why is it difficult to apply?
- Are you in favor of or against the exclusionary rule? Justify your answer.
Chapter 5: STOP AND FRISKS AND STATION HOUSE DETENTION
- What is a stop and frisk? What is station house detention?
- Sean, a student, was stopped by the police, based on reasonable suspicion, after midnight in the suburbs of Los Angeles and detained for one hour. Was his detention valid? Give reasons for your answer.
- An officer has invited a suspect to come to the stationhouse for questioning in connection with a report received from a confidential informant that said the suspect may have been involved in a burglary. During the questioning, is that suspect under arrest or not? What are the implications either way?
- Why is Terry v. Ohio a landmark case?
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