Did the traffic stop and subsequent arrest violate suspects

Assignment Help Other Subject

Reference no: EM133582098

Assignment

Provide a preliminary case analysis by: (i) listing the primary legal and factual issues for your scenario; and, (ii) generating a list of key words & phrases for use during the research phase of this project.

Memorandum Fact Pattern

A police officer (Officer) with the Sangamon County Police Department in Springfield, Illinois, was on a routine traffic patrol and watched Suspect drive by. Suspect was in compliance with all applicable traffic laws except the state seat belt law. The state motor vehicle code provides that police officers have discretion to make an arrest for any traffic infraction, including violation of the state seat belt law. Officer never stopped a driver merely for violating the seat belt law. However, Officer knew that Suspect was a reputed drug dealer and stopped Suspect's vehicle, hoping to uncover evidence of a more serious crime.

Officer directed Suspect to get out of his vehicle, handcuffed Suspect, and told Suspect that he was under arrest for violating the seat belt law. Immediately afterward, Officer looked through the driver's-side car window and noticed a clear plastic bag containing white powder on the front seat of Suspect's car. The white powder was in plain view.

Without offering Miranda warnings first, Officer asked Suspect, "Are those drugs yours?" Suspect responded, "No, that cocaine isn't mine!" Officer opened the car door and removed the bag of white powder. Officer transported Suspect to the police station for booking.

The state charged Suspect with misdemeanor violation of the seat belt law and felony drug possession. Suspect moved to suppress all the state's evidence, alleging an unlawful stop, an unlawful arrest, an unlawful seizure of evidence, and multiple Miranda violations.

State's Attorney Wykoff, who is handling the matter, needs you to answer the following before determining whether to proceed with the prosecution:

A. Did the traffic stop and subsequent arrest violate Suspect's Fourth Amendment rights (i.e. did the Officer have probable cause)?

B. Did Officer's seizure of evidence from Suspect's car violate Suspect's Fourth Amendment rights (i.e. was it constitutional for Officer to seize evidence from Suspect's car without aa warrant, where the evidence was in plain view)?

C. Did Officer's questioning of Suspect violate Suspect's Miranda rights?

Draft a memo of between seven and ten double-spaced pages addressed to State's Attorney Wykoff that (i) summarizes the applicable law (statutes, cases, regulations, etc.) (ii) applies it to your factual scenario, and (iii) identifies one relevant secondary sources.

Reference no: EM133582098

Questions Cloud

Brief description of each works cultural : Brief description of each works cultural/historical context illustrations/photographs of the authors and/or any other relevant images of the works

Describe how racial/health disparities, health equality : Describe how racial/health disparities, health equality/inequality, and social justice/injustice could apply to the clinical site/agency's community.

Consequences for toshiba fraudulent activity : What were the immediate and long-term consequences for Toshiba's fraudulent activity?

Explain the different views of stampede and indigenous : First Nations explain that stampede exploits them but also some voluntarily participate. How are sports tool to explain different views of stampede- indigenous?

Did the traffic stop and subsequent arrest violate suspects : Did the traffic stop and subsequent arrest violate Suspect's Fourth Amendment rights (i.e. did the Officer have probable cause)?

Discuss community health alcohol abuse arizona alcohol abuse : community health alcohol abuse arizona Alcohol abuse Population health, "brings significant health concerns into focus and addresses ways that resources can be

Explain how past and present social issues have contributed : outline the common health issues experienced by Aboriginal and/or Torres Strait Islander peoples and explain how past and present social issues have contributed

The inequity at the heart of american school system : The inequity at the heart of the American school system. How does the federal government enforce education laws?

Define and list four signs or symptoms for each : define and list four (4) signs or symptoms for each of the diseases listed below. Chronic health disorders Grave's disease Definitions Clinical manifestations

User Account

All Pages