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Case Study: The Garbage Search Your department just has received an anonymous tip that there are numerous drug transactions recurring at a residence located at 3568 Apple Street. They described the resident as a white male, approximately 22 years old, who is known by the name of Speedy. The caller has given the department a list of 47 license plate numbers along with the date and time of their arrival at the residence. The list indicates all of the visits were within the past seven days. The length of stay for each visitor was for varying lengths of time, from five minutes to over four hours. The anonymous tipster is truly unknown. Answer the following questions:
Date Posted: 23/06/2021
Category: Law
Due Date: 26/06/2021
Instruction
- How credible is the information your department has received? - Is the information enough to obtain a search warrant? Why or why not? - What are some investigative steps that you can take to gather more intelligence on this case? Some possible answers include: (Run the license plate numbers, Check with the local or county clerk to find out who owns the residence, Check with utility companies for the name on the account and if possible check the application for utility service that can list valuable intelligence such as other occupants, phone numbers, place of employment, social security number, etc. (Note: May require a subpoena or warrant.) Conduct surveillance, Do a neighborhood canvas (Note: May tip off the suspect), Check with the state and federal intelligence offices. Demonstrate a garbage search: you have obtained the subject’s garbage that was placed at the street for pickup. Note that garbage within the curtilage may not be seized as it lies within the protected area governed by the Fourth Amendment. Dump a bag of garbage out on a table that you have planted with narcotics evidence such as drug ledgers, packaging materials, diluting materials, packaging materials laced with drug residue (powder and plant material), etc. - Include some form of identification within the debris such as a utility or phone bill that identifies the garbage as linked to the target residence. Show that you must wear gloves and retain the different items, including the identifying mail or bills. Ask the students: - What should be kept as evidence? - Does this activity require a written report? Why or why not? - What does the evidence indicate? - What can you do with this information/intelligence? Making an Arrest -Explain how you formulate probable cause to make arrests in the situations such as: (Drunk driving, Misdemeanors such as theft or larceny, Crimes against persons such as sexual assault, battery, or assault, Felonies Explain the police procedure in making a custodial arrest. - What is your department policy regarding arrests? The use of force? The use of restraints? - What are some issues that come up in court regarding arrests in pretrial motion hearings? - What are some procedural mistakes that police make when making arrests that can be fruitful to a defense? - Do police officers have to provide Miranda warnings to persons immediately upon arrest? When? - What is the rule regarding a citizen’s arrest in NY state? - What are some common defense strategies in overcoming evidence used in formulating probable cause? ALTERNATE questions: - Explain how an arrest is different from an investigative detention. - Define and explain reasonable suspicion - Describe the three constitutional requirements that exist for a Terry stop. - Explain what the police should avoid doing during a Terry stop? - Define police brutality as it relates to arrest situations. - List the three legitimate and responsive forms of force that are society recognizes.
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