Cj Unit 2

Analysis and Application:

Police Encounters with Suspects and Evidence

Jackie M. Ness

Criminal Procedure

CJ227-2

01/21/2014

The case study of Officer Smith is an interesting one. It begins with a Law Enforcement Officer stopping a vehicle with a broken tail light covered with colored tape which in most states listed as equipment violations. This is considered a lawful stop at this time, because Officer Smith notices something wrong with the vehicle. As the vehicle stops, she realizes this vehicle matches the description of an automobile that was possibly used during a road side officer killing.

Due to safety reasons Officer Smith asks the driver to step out of the vehicle for a “pat-down”. The pat-down is legal because of the decision in 1968 case Terry v. Ohio (392 U.S. 1) case. Terry v. Ohio concluded that if the officer could search a person for weapons without a warrant or probable cause if the officer believes that the subject could be armed and dangerous. Reasonable suspicion is used to justify the brief frisk at the traffic stop and will be able to articulate the suspicion that the officer believes. The “pat-down” may only be performed over the outer garments of the subject in question. If the officer feels something that will possibly be a weapon she may pull it out. However, the officer may not exceed a reasonable time in the search of the person. The US Supreme Court defines Reasonable suspicion as criminal activity is occurring, about to occur or has occurred. (Roberson, Wallace, Stuckey, 2007) Officer Smith found nothing on the driver and let her re-enter the vehicle.

Officer Smith asked for the Driver’s License and registration and the driver takes off, which begin a high speed pursuit. This gave the officer exigent circumstances due to a suspect’s escape or a person’s life or safety were threatened. The police officer believes that the subject ran...