Traffic Stop and Search: A Hypothetical Scenario Analytical Essay by Nicky
Traffic Stop and Search: A Hypothetical Scenario
An analysis of a hypothetical scenario involving a traffic stop, search and discovery of contraband.
# 148940
| 1,035 words
| 4 sources
| APA
| 2011
| 
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Description:
The paper explains why the initial traffic stop was perfectly valid but the search of the glove box and the rest of the vehicle was improper. The paper then provides the reasoning for why the subsequent search of the vehicle by a K-9 unit was impermissible and why the search of both subjects was improper. The paper addresses the evidence of amphetamine and marijuana paraphernalia possession and why both discoveries are inadmissible against either subject.
Outline:
The Initial Traffic Stop
The Search of the Vehicle and Glove Box
The Canine Search
The Search of Terry and Kim's Persons Incident to Arrest
Evidence of Amphetamine Possession
Evidence of Marijuana Paraphernalia Possession
Outline:
The Initial Traffic Stop
The Search of the Vehicle and Glove Box
The Canine Search
The Search of Terry and Kim's Persons Incident to Arrest
Evidence of Amphetamine Possession
Evidence of Marijuana Paraphernalia Possession
From the Paper:
"Ordinarily, evidence properly discovered under the driver's seat would be admissible against the driver because possession would be imputed to him. Likewise, evidence properly discovered under the passenger's seat would be admissible against her. In this case, both Kim and Terry could also have raised the defense involving Terry's non-ownership of the vehicle. However, since the detention of the subjects at the scene after the officer ascertained that his initial concerns about the vehicle's license plate were unfounded, either Kim or Terry may challenge the admissibility of the marijuana pipe."On the other hand, had the marijuana pipe been discovered by an external K-9 search of the vehicle during a reasonable time period required by the original officer to confirm the ownership and registration of the vehicle, that evidence could have been introduced against Terry under the doctrine of constructive possession (Schmalleger, 2008), subject to his factual defense arising from his non-ownership of the vehicle.
"Since the K-9 search was not conducted until after the subjects were both under investigative detention or invalid arrest (the fact pattern does not specify) predicated upon the illegal search of the glove box, the introduction into evidence of the pipe discovered under the seat may be challenged by either Kim or Terry."
Sample of Sources Used:
- Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
- Friedman, A. (2005). A History of American Law. New York: Touchstone.
- Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
- Zalman, M. (2008). Criminal Procedure: Constitution and Society. Princeton, NJ: Pearson.
Cite this Analytical Essay:
APA Format
Traffic Stop and Search: A Hypothetical Scenario (2011, November 15)
Retrieved March 29, 2023, from https://www.academon.com/analytical-essay/traffic-stop-and-search-a-hypothetical-scenario-148940/
MLA Format
"Traffic Stop and Search: A Hypothetical Scenario" 15 November 2011.
Web. 29 March. 2023. <https://www.academon.com/analytical-essay/traffic-stop-and-search-a-hypothetical-scenario-148940/>