Detentions, Arrests, and Searches
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- Date Submitted: 09/21/2016 01:51 PM
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Detentions, Arrests, and Searches
College of Southern Nevada
Professor
1. Probable cause supporting the arrests
Probable cause has been defined as the degree of reasonable certainty, founded on facts which may be expressed, which is needed to make an arrest after that prosecute such arrested individual in a criminal court (Goldberg, 2013). Before such individual being arrested then prosecuted, the police, as well as the prosecutor, should have sufficient evidence which would make a reasonable person think that the allegation or indictment is true (Goldberg, 2013).
In the provided case scenario, Johnny Johnson may be charged with the two offenses of possession and the sale or delivery of controlled substances. The probable cause to support the arrest of Johnny is;
a) The police arrested Mary Mason and found her with the illegal drug substances, she advised the police that she purchased the drugs from Johnny Johnson.
b) Further, she told the police that Johnny had possession of more drugs in his school locker. This would be probable cause for the arrest on the sale and possession of controlled substances charge.
On the other hand, Mary Mason was charged with two offenses; carrying a concealed weapon without a permit and possession of controlled substances which are known to be marijuana and methamphetamine.
The probable cause to support arrest on these charges is;
a) Mary Mason had a handgun and lacked the permit to have the gun which she constantly referred to be her father’s gun. This probable cause would support arrest on the charge of carrying a concealed weapon without a permit.
b) Upon being searched by the police, the police found the illegal drugs in her car trunk. This probable cause would justify the arrest on the charge of possession of controlled substances.
2. Probable cause to justify the searches.
Before doing any search, the police must have probable cause. In the case scenario, in searching Mary Mason, the...
College of Southern Nevada
Professor
1. Probable cause supporting the arrests
Probable cause has been defined as the degree of reasonable certainty, founded on facts which may be expressed, which is needed to make an arrest after that prosecute such arrested individual in a criminal court (Goldberg, 2013). Before such individual being arrested then prosecuted, the police, as well as the prosecutor, should have sufficient evidence which would make a reasonable person think that the allegation or indictment is true (Goldberg, 2013).
In the provided case scenario, Johnny Johnson may be charged with the two offenses of possession and the sale or delivery of controlled substances. The probable cause to support the arrest of Johnny is;
a) The police arrested Mary Mason and found her with the illegal drug substances, she advised the police that she purchased the drugs from Johnny Johnson.
b) Further, she told the police that Johnny had possession of more drugs in his school locker. This would be probable cause for the arrest on the sale and possession of controlled substances charge.
On the other hand, Mary Mason was charged with two offenses; carrying a concealed weapon without a permit and possession of controlled substances which are known to be marijuana and methamphetamine.
The probable cause to support arrest on these charges is;
a) Mary Mason had a handgun and lacked the permit to have the gun which she constantly referred to be her father’s gun. This probable cause would support arrest on the charge of carrying a concealed weapon without a permit.
b) Upon being searched by the police, the police found the illegal drugs in her car trunk. This probable cause would justify the arrest on the charge of possession of controlled substances.
2. Probable cause to justify the searches.
Before doing any search, the police must have probable cause. In the case scenario, in searching Mary Mason, the...