Introduction
Officer Melborne following a Red Honda Civic with a missing taillight and cracked windshield. After running the plates, finding they were two months past expiration, he turned on his flashers and signaled for the Civic to pull over. The officer proceeded to call in the license plate to check registration and found the owner wanted for missing a probation hearing a few weeks back. He then approached the Civic which sped off. The officer gave chase and further down the road found the Civic stopped and two people exiting and running in opposite directions. He gave chase to one of them to no avail. They had escaped. Later the officer found that a victim of rape had been attacked not far from this scene. She gave her statement and mentioned her blouse had been ripped from her body. Two detectives Jones and Morales went to the residence of the Civic owner, Jacob Tierney. There they found the suspects and two women. The police entered the residence and found illegal weapons and drug substances, along with a blouse that fit the description the victim had given. At this time they took the four residents into custody.
In this case study we will review the details of the case and determine if proper procedures were followed pertaining to several investigative elements. Elements such as probable cause, reasonable suspicion, levels of proof, Miranda warnings, vehicle searches, seizures, the plain view and open fields doctrines, abandonment, jurisdiction, and venue.
Fact Finding Analysis
Probable Cause is defined as evidence or facts that are witnessed which a reasonable person would consider a criminal act. The term comes from the Fourth Amendment of the Constitution, which follows:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly...