Detentions, Arrests, And Searches Essay

1082 words - 5 pages

Detentions, Arrests, and Searches

College of Southern Nevada
Professor

1. Probable cause supporting the arrests
Probable cause has been defined as the degree of reasonable certainty, founded on facts which may be expressed, which is needed to make an arrest after that prosecute such arrested individual in a criminal court (Goldberg, 2013). Before such individual being arrested then prosecuted, the police, as well as the prosecutor, should have sufficient evidence which would make a reasonable person think that the allegation or indictment is true (Goldberg, 2013).
In the provided case scenario, Johnny Johnson may be charged with the two offenses of possession and the sale or ...view middle of the document...

In the case scenario, in searching Mary Mason, the police had the following probable cause;
a) As Mary Mason was leaving school campus she was speeding at 45 mph in a 25 mph zone.
In searching Johnny Johnson, the police had the following probable cause;
a) Mary Mason, who had been arrested in possession of the controlled substances, confessed to the police that Johnny gave her the drugs and that she was aware Johnny had more drugs in his locker at the K Building at CSN.

3. Defending the accused persons.  
Defending Johnny Johnson
Johnny is likely to be charged with possession of controlled substances and sale/delivery of the controlled substances.
In the defense of Johnny, I would invoke the violation of the 4th constitutional amendment (Heshmati & Heshmati, 2015). This amendment requires that for searches, the police must have the probable cause which must be backed by a search warrant that describes the location of the search, and items to be apprehended.
In Johnny's case, the police had the probable cause but lacked the search warrant to search Johnny's locker. Further, this search does not fall within the exceptions of warrantless searches that are; when the police are in hot chase, police stop, it is an emergency situation, and Johnny did not consent to the search (Heshmati & Heshmati, 2015). Therefore, the police infringed Johnny’s constitutional right and the evidence obtained from such a search is inadmissible against the accused.
Secondly, my position is that Johnny possessed the drugs because they are used in his learning course. Johnny is a pharmacy student, and the medical students use such controlled drugs for experimental learning in the classroom. This explains why the drugs were in his locker at the school since they are used in learning on campus.
Defending Mary Mason
On the charge of carrying the concealed weapon without a permit and possession of controlled substances, as the defense attorney I may invoke the following defenses to defend Mary Mason;
First, as against the charge of concealed weapon without a permit, I would argue that the handgun was in the trunk without Mary's knowledge and only realized it while she was on campus (Gilger-VanderZanden, 2016). Upon such realization, she started to rush to return it to her father, and...

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