Scenario:
Two locally notorious young men known for criminal activity, Johnny Carson (age 24) and Jack Benny (age 28), are known to have long criminal histories (each include convictions for narcotics sale and possession, larceny, burglary and criminal mischief…Jack Benny also has an additional conviction for robbery with a firearm – for which he is currently on parole from the State prison).
On Friday, January 8, 2021 at approximately 0130 hours, a vehicle is noted as making several passes through the area, traveling slowly along rows of parked vehicles, then speeding away before returning several more times and conducting similar activities. Officer Dudley Doright a uniformed member of a police department observes this odd, yet not overly intrusive action, and makes a motor vehicle stop (using his marked patrol vehicle) for failure to signal when changing lanes on a highway which runs adjacent to the Towering Heights apartment complex. Occupants of the vehicle are identified (through Bennys license and Carsons ID card) as Johnny Carson and Jack Benny, Benny is seated in the operators position. Carson appears to be semi-conscious from what Benny describes as a long night out on the town. Incident to the stop, the officer smells the odor of an alcohol-type beverage emanating from the area of the vehicle as the operator speaks. As the officer returns to his vehicle to await the arrival of a second unit and confirm operator license status, the vehicle containing Benny and Carson flees the scene at a high rate of speed. The registration 123ABC comes back registered to the vehicle observed, in the name of Jack Benny (the operator).
As the officer proceeds down the highway in the direction the vehicle fled, an innocent motorist, uninvolved in the happenings pulls into the path of Officer Dorights cruiser and is struck rendering both the cruiser and innocent civilians vehicles as disabled. The suspect vehicle CT. 123ABC, and its occupants, continue to flee disappearing into the night. The information and particular identifiers know from the initial stop are broadcast regionally to neighboring departments.
At approximately 0300 hrs., Officer Leno of the TRCC Police Department observes a vehicle matching the physical description parallel parked along a row of closed business on East Main Street, with what appears to be two occupants crouched down inside, and the engine running with a vapor plume from the exhaust in the cold winter air… and the lights turned off as to render the vehicle inconspicuous. When Officer Leno makes an additional pass by to get a look at the registration plate, the brake lights illuminate, and the darkened suspect vehicle appears to shift into drive. Officer Leno quickly turns his vehicle back around so as to point his front headlamps at a diagonal angle, turning on his spot light to light up the passenger compartment and stops approximately three feet away from the side of the suspect vehicle. The suspect vehicle appears to shift back into park evidenced by the tail lamp activity and state of rest of the vehicle. Officer Leno is soon joined by other officers. When Officer Leno approaches the vehicle, the operator Jack Benny exits the car with his hands raised above his head in a submissive gesture. Back up officer Dave Chappell now directs Carson to exit the passenger side of the vehicle and sit to the rear of the vehicle on a raised curb. Officer Chappell requests identification from Carson who refuses and states, I know my rights copper…I dont have to give you anything, Im innocent!
While this is occurring, Officer Leno reaches inside the car to turn off the ignition, as the vehicle is still running with no occupants inside and Carson sitting on the curb directly behind the car. Officer Leno sees a significant amount of change (mostly coins and a few dollar bills approximately $35-40) worth on the rear floor, he further observes several ladies pocketbooks/ shoulder bags, two garmen type personal devices, four cellphones, and a Samsung tablet strewn about the rear seat. In the center console cup holder Leno observes a few small screw drivers, one which appears to be modified into a pointed
hook-like device and a spring-loaded window punch. ALL are items Officer Leno readily identified through his 13 years of field experience and training as burglary tools/ or devices used in the commission of car breaks. Officers check the area of the Towering Heights apartment complex and find 11 vehicles show signs of both passive and/or forced entry, to include six with smashed driver side rear windows. Both Benny and Carson are handcuffed and placed under arrest for the breaking and entry to the vehicles as well as a litany of larceny charges. Post arrest, officers obtain four victim statements from vehicle owners, identifying a large portion of the items in Carson and Bennys vehicle/ possession as having been lawfully owned by said victims (to include significant identification marks/ wear patterns and personal identification means.
During processing of Benny and Carson, Carson leans into the personal space, nearly pressing his face into that of Officer Leno and states, Im gonna kill your whole f*#king family when I get outta here. Processing is completed, and both subjects are presented in superior court on this same date for arraignment.
YOU are an investigator assigned to the States Attorneys office at the TRCC Superior Court. Please review the case synopsis provided by officer Doright, to include facts and circumstances provided from other officers observation and conduct. Prepare your findings and recommendations in a memo format answering the following issues and potential defense strategies. REMEMBER the U.S. Constitution was promulgated to preserve the rights of all citizens. (Utilize the text through chapters 1, 2, 3 & 4, class discussions, and your educated opinion).
MEMO Format:
TO: Prof. J. Nixon
FROM: [Student name]
DATE : [Due date]
RE: POL212 Writing assn. #1
Body of memo is to be single spaced, 12 pt., Times New Roman, standard margins. Sources beyond class notes and our text to be cited in APA scientific format.
USE the proper legal language/ cite case law/ site doctrines as applicable
1) During Officer Dorights initial observations of the suspect vehicle, he doesnt actually observe the vehicle make a complete stop, or either suspect exit the vehicle and approach any parked/ victim vehicles.
A. Under what legal premise is the officer operating (level of suspicion)?
B. At that initial time, knowing what he did, did the officer have grounds to approach the
subjects and make inquiry? Why or why not? (site legal rational from book/ class discussion).
2) When the officer pointed his headlights at the suspect vehicle, was the suspect vehicle and occupants detained? (Second stop Officer Leno)
A. Why or why not?
B. Once the officer turned on the spotlight, is there a change to the condition of freedom or
detention? Explain. (site legal rational from book/ class discussion).
3) When the suspect vehicle flees the roadside stop, the operator is knowingly evading the officers signal. In review of legalities for seizure of a person…
A. What details would the officer site in his/ her report to substantiate the lawful authority of detention?
B. As it was during the night season (approx.. 0130 0330 am), what details would aid the officer in substantiating lawful authority?
4) IF the subjects had complied and remained stationary at the initial roadside stop, is Officer Doright able to:
A. Request both subjects exit the vehicle? Why or why not? B. Underwhatlegalpremisedoyouarriveatyouranswer?
5) Once the subjects were removed from the vehicle (question #4),
A. Can Officer Doright lawfully search each subject? Why or why not? B. Under what legal standard/ premise are you basing your decision?
6) In consideration of the SEVEN exceptions of the search warrant requirement,
A. provide at least three separate scenarios that legally will allow officers to gain access to the suspect vehicle, and secondly will allow them to secure evidence/ fruits of a crime.
B. Select your strongest argument under the exceptions and provide details/ assumptions through the synopsis provided.
7) During processing, what lawful action can the officer take against Johnny Carson for his conduct/ statements toward the officer(s)?
A. What actions? Why or why not?
B. Site your legal grounds for your response if a specific legal action is noted
