РефератыИностранный языкCrCriminal Justice Essay Research Paper The two

Criminal Justice Essay Research Paper The two

Criminal Justice Essay, Research Paper


The two vehicle stops were made for different reasons. The first vehicle, the


white Toyota Camry, was stopped because it fit the description of a vehicle that


was just used in a bank robbery. This gives the police probable cause that the


vehicle contains evidence of criminal activity. According to Carroll v. United


States that is sufficient reasoning for a stop (211). The second vehicle had the


driver?s side brake light out. This is sufficient cause to pull the vehicle


over because that is a traffic violation. ?In Whren v. United States, the


Supreme Court ruled that the true motivation of police officers in making


traffic stops was irrelevant as long as they had probable cause to believe that


a traffic law had been broken (211).? I feel that both stops were justified


and neither violated the rights of the suspects. Fitting the description of


suspects and being in the general vicinity of the crime is adequate evidence to


pull a vehicle over and check out the situation. The second stop was made


because the driver had violated a traffic code. Since the vehicle is breaking


this law the police have the right to pull over that vehicle. The officers even


took the vehicle to the station to obtain a search warrant when the suspect


objected. Both stops were done in a legal manner. The warrant less search of the


white Toyota Camry was justified because the suspect did not say no when the


officer asked to search the vehicle. The offi

cer did not come right out and ask


if he could search the trunk, but the suspect never objected. Instead the


suspect begins to not cooperate which leads to more suspicion. The behavior of


the suspects and the fact that neither suspects objected to the search is reason


enough to for a warrant less search. If the suspects in the white Toyota Camry


had been advised of their Miranda rights before the search of their vehicle then


the police would have had to obtain a search warrant. But by denying the police


the right to search your vehicle is almost implying guilt in itself. I think the


only difference getting a search warrant would have done is prolonged the police


finding the evidence in the trunk. Either way I think the situation would result


in the police finding the rifle and the suspects getting arrested. If the


officers had opened the trunk and found no evidence of the robbery then I think


they could only take the suspects in for questioning. Since this questioning


would be in an accusatory manner then the suspects would need to be advised of


their Miranda rights. If the suspects exercised their right to an attorney then


they would be advised to keep their mouths shut. Without evidence to incriminate


the suspects then the suspects would be released and probably questioned again


later. With the only basis for charging being that the suspects and their


vehicle fit the description of those in a robbery then in all likelihood the


suspects would not be charged.

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