Assignment 1: LASA 2: Violence and Drugs in Centervale—Defending Abby

Violence and Drug in Centervale

Name: Donecia Hudson

Institution: Argosy University

Date: April 4, 2018

Violence and Drug in Centervale

The case scenario outlines some of the legal repercussions executable in a law court for the defendant involved. However, to successfully prosecute a case it is important that the police and crime scene investigators engage in diligent procedures of collecting crime scene evidence and detaining suspects. As a result, wrong procedures of apprehending criminals and gathering evidence may bear far-reaching implication not only to victims of crime but also the law enforcers. Therefore, adhering to uniform crime reporting procedure and crime scene investigation is a prerequisite for law enforcement. This assignment will analyze the case of Abby and Bobby to justify the validity of their prosecution.

1. A probable cause of Abby’s arrest

Probable cause in criminal law refers to the likely reasons for making an arrest (Grano, 2014). The doctrine arises where a police officer develops strong conviction that a suspect in question is planning to commit a crime, is executing a crime, or has been engaging in crime. In the case provided for the assignment probable cause can be induced by the presence of a bong and baggie of marijuana in Abby’s house, as well as a shotgun adjacent the coffee table. It implies that Abby has been engaging in a crime that merited her arrest. The police officers can rely on the amount of evidence obtained from Abby’s house to detain Abby and further pursue criminal charges in the law court (Grano, 2014).

Another reason that may provoke Abby’s arrest is her vocal admission for fulfilling a crime. In the case scenario, Abby implicitly expresses her intention to sell marijuana (which is a crime in Centervale) in a bid to bail her boyfriend from jail. Therefore, the police can rely on Abby’s utterances to make an arrest as stipulated under the doctrines of probable cause and Miranda provisions (Grano, 2014).

2. Information to be listed in the affidavit in securing a search warrant

It is important that the police obtain a search warrant from the court in every case before commencing an inquiry into a crime scene. However, to obtain a search warrant it is mandatory that the police provide enough information in an affidavit to convince the bench on the effectiveness of the warrant in pursuing a crime. Obtaining a search warrant is a cautious process for the justice system since any insufficiency expressed in its content may amount to a violation of defendant rights and attract heavy compensation as remedies for the accused (Burnett, 2014). Therefore, an affidavit by the police should openly express the probable cause of making an arrest and evidence the police seek to recover during crime scene investigation. A properly detailed affidavit should allow the issuance of a search warrant within a short notice for the police and crime scene investigators to peruse through evidence at the crime scene.

Some of the elements of a properly documented affidavit include compliance with established reporting standards as stipulated under the substantive laws of the state. Also, an affidavit must provide adequate statements and convincing assertions on reasons why the officer must access the crime scene to recover evidence relevant in prosecuting the case. An affidavit must also detail the probable reason for apprehending the suspects and insert substantial claims for the need of a search warrant. Again, an affidavit should include all facts, information, and knowledge capable of influencing the bench to issue a search warrant (Burnett, 2014). For example, an affidavit should capture information about the size and nature of evidence spotted in the crime scene without violating the search and seizure terms. Meaning, by obtaining a search warrant the police will recover the shotgun, as well as the bong and the marijuana baggie seen in the suspect apartment. Also, the affidavit should swear not to breach any privacy rights of the suspect while completing the search. An affidavit should be flawless, express inevitability, liableness, and allege a probable cause with no presumptions of hearsay. Therefore, an affidavit should aim at linking the crime scene and the crime itself (Burnett, 2014). In the case of Abby, an affidavit would seek to link her house to the possession, promotion, and use of illegal substances and weapons. The fulfilment of such requirement in an affidavit will compel the issuance of a search warrant and obtaining evidence important in building a solid case against the defendant.

3. Actions and inactions by Officer David and Christina with respect to evidence discovered at the crime scene

Some of the relevant actions performed by Officer David and Christina at the crime scene in the build-up of the prosecution process included securing of the crime scene perimeter while waiting for the search warrant. Alison and her colleagues (2015) in their studies outline the importance of securing crime scenes as a way of protecting against intruders from interfering with evidence prior to issuance of a search notice. Also, the gathering of evidence at the crime scene may commence without a search warrant in exigent/ urgent circumstances. Exigent circumstances are fulfilled in anticipation that a suspect at large or even their sympathizers will rush to confiscate/ destroy evidence important for the prosecution (Alison et al., 2015). The need to protect evidence is paramount for police officers as part of their job description. Such deeds help with bringing an action against crime perpetrators.

Conversely, inaction by Officer David and Christina arise from their failure to apprehend Abby while waiting for the court notice. Such failure by the two Officers could likely to jeopardize the outcome of the case should Abby decide to confiscate or suppress evidence at the crime scene. It is a requirement in law that the police can detain the suspect until when they are issued with a search notice (Lee et al., 2014). The legal requirement was prescribed to help deter cases of crime scene interferences.

4. Scope of warrant

The warrant issued by the court should grant the police and crime scene investigators an access to the residence of the suspect. The warrant should define the scope of the search and the evidence to be obtained during the search. The search will authorize the police to search the entire apartment and seize the bong and baggie, as well as the shotgun, and other illegal paraphernalia discovered at the crime scene (Alison et al., 2015).

The warrant should equally suggest an arrest for Abby until the search is called off or concluded. Detaining a suspect capable of jeopardizing a case is admissible in law to prevent suspects from escaping a later arrest or risking bearing evidence for a case (Lee et al., 2014).

5. Whether it is appropriate for the police to search persons (physical body) upon arrival at the crime scene and appropriate procedures for obtaining evidence

It is permissible for the police to search for persons of suspects to help with recovering shreds of evidence that may help confirm the alleged crime by the police. For example, the police may recover notes, drugs, or even weapons that may help further the investigation and obtaining tips important in intervening in a large plot of militant crimes and drug peddling in the city (Alison et al., 2015; Grano, 2014).

Some of the procedures that the police can pursue in deriving evidence obtainable and unobtainable in persons of the suspect include a bodily search of the suspect and scanning the crime scene for pieces of evidence. Also, the Officers will avoid contamination evidence by using protective gears during the search. The police will then label the pieces of evidence and store them safely under their custody before presenting them to the prosecution (Burnett, 2014; Lee et al., 2014).

References

Alison, L., Bennell, C., Mokros, A., & Ormerod, D. (2015). The personality paradox in offender profiling: A theoretical review of the processes involved in deriving background characteristics from crime scene actions. Psychology, Public Policy, and Law, 8(1), 115.

Burnett, A. L. (2014). Evaluation of Affidavits and Inssuance of Search Warrants: A Practical Guide for Federal Magistrates. J. Crim. L. & Criminology, 64, 270.

Grano, J. D. (2014). Probable Cause and Common Sense: A Reply to the Critics of Illinois v. Gates. U. Mich. JL Reform, 17, 465.

Lee, H. C., Palmbach, T., & Miller, M. T. (2014). Henry Lee's crime scene handbook. Academic Press.