Pretrial Procedures

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Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person’s garage, which is attached to the house.

  • What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
  • Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest or in which there is probable cause to both arrest and to search.
  • Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store 2 weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery.
  • Do the police have probable cause to do any or all of the following?
    • Arrest Mr. A
    • Arrest Mr. B
    • Search Mr. A’s home
    • Search Mr. B’s home

If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.

 

Be sure to cite all references in APA format. 6 page minimum

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