Write a 1400- to 1750-word essay based on the scenario. Address the following:
Does probable cause or reasonable suspicion exist? Explain.
Do the levels of proof justify a stop and frisk or an arrest? Explain.
Determine if Miranda warnings were properly given and why.
Did a proper vehicle inventory search occur? How do you know?
Did the officer follow proper procedures for seizure of person/things? Explain.
Which doctrine applies: Plain view, open fields, or abandonment? Explain.
Determine the jurisdiction and the venue.
Should a DNA inquiry be used in this case? Explain.
Identify elements from the fact pattern.
Reference at least three court cases to support your findings.
Use APA formatting guidelines.
Post this as an attachment in word document.
Final Project: Case Study
On Friday, August 26, 2005, Officer Todd Melbourne of the Phoenix Police Department drove his cruiser behind a red Honda Civic heading northbound on Hayden Road. The Civic had a crack in the windshield, one headlight was out, and it traveled 5 mph under the speed limit. Officer Melbourne also noticed the vehicle tags were 2 months past due. He turned his cruiserâ€™s lights on, and the Civic pulled over to the right.
Officer Melbourne called the license plate into dispatch. He found that the registered owner of the vehicle, Jacob Tierney, had an arrest warrant for missing a mandatory probationary hearing 3 weeks back. He called for backup and exited the police cruiser. As the officer walked toward the Civic, the driver hit the gas, spun the back tires, and continued down Hayden Road. Officer Melbourne got back into his car, advised dispatch he was involved in a police chase, and drove after the Civic.
Just 100 yards from the start of the chase, the Civic stopped along the side of the road. Officer Melbourne pulled behind the vehicle as two men exited and ran in opposite directions. The officer chased after the man heading east through a park. After a series of bushes, fences, and backyards, however, Melbourne was unable to bring the man into custody; both of the vehicleâ€™s occupants had escaped.
Officer Kevin Sedwick had arrived by the time Officer Melbourne returned to the abandoned cars. Sedwick advised Melbourne that a rape had occurred only a few miles away from their location; the suspects were identified as two males, in their late twenties, wearing dark clothes. Officer Melbourne described the male he had chased as wearing dark clothes.
Both of the Civicâ€™s doors were left open, and officers Melbourne and Sedwick searched the contents of the vehicle. Officer Sedwick found an Arizona driver license on the floor near the gas pedal, issued to a Bruce Moreno. Officer Melbourne found a black, hooded sweatshirt on the backseat and a pair of jogging socks on the floor. The officers impounded the vehicle and drove back to the stationhouse.
Two detectives, Patrick Jones and James Morales, were assigned to work the case. They were given the details of the crime, the suspects, and the location of the victim. Jones and Morales went to question the victim, who was in the hospital receiving treatment and a forensic exam. During questioning, the victim identified Moreno from the driver license picture and Tierney from a mug shot, both of which were grouped with five other photos. She told the detectives that her light blue shirt was ripped from her during the attack, while the suspects forced off her socks and AdidasÂ® running shoes just before leaving the scene. The victim also indicated that she overheard the suspects planning to take a trip somewhere. The detectives called for backup and went to Tierneyâ€™s residence, where the Civic was registered.
Jones and Morales arrived at the Tierney residence and looked through the window and the half-opened drapes. They could see a woman with a cut across her face crying on a couch. The detectives knocked down the front door and entered the house, without a warrant or consent from the residents. Four people were sitting on the couch with Moreno and Tierney, including two unidentified women, one of which was crying. Drug paraphernalia, a semiautomatic gun, a knife, and a blue, ripped shirt rested on the coffee table. The house was cleared and secured. No other evidence was collected.
The four individuals were handcuffed and placed under arrest. Moreno and Tierney were taken outside where they were read Miranda rights. The detectives then questioned the two men about the ripped shirt and the alleged rape. The women were questioned about the drugs and weapons on the table, which they confessed to having in their possession. Once the women appeared before the magistrate, they were also informed of their Miranda rights.
All parties were taken to the Maricopa County Jail for processing. Tierney and Moreno were charged with rape and possession of narcotics. The women were also charged with possession of narcotics. Their trials are pending in Arizona Superior Court.