Project #51469 - discussion questions

ALL 5 QUESTIONS SHOULD BE ANSWERED WITH 100 WORDS OR MORE EACH. QUESTION 1 - What is an example of probable cause? What distinctions can be made about the requirements for warrants and probable cause? What are the exceptions to the warrant requirements? How do these exceptions impact probable cause? What changes to the elements of issuing warrants and probable cause would you suggest? Explain. QUESTION 2 - Good summary and examples. One of the exceptions to the warrant requirement that is certainly important is the plain smell exception. If an officer approaches a vehicle and smells marijuana emanating from the vehicle, he can search the vehicle under the automobile exception. However, class, let's look at the following example: Officers smell nothing emanating from the vehicle, but the police K-9 is maneuvered around the car and alerts for the presence of dope. Class, can the officers search even though they failed to smell the odor? Why or why not? If yes, do you agree? Should we allow animals to amplify the officer's sense of smell in support of PC or is their a reliability factor that causes concern? QUESTION 3 - What is a "stop and frisk?" How does a "stop and frisk" apply to searches, seizures, and arrests within the criminal justice system? Is there a better solution to the way in which "stop and frisk" measures are conducted? Explain. QUESTION 4 - Good summary of stop and frisk. We will really spend some time making clear that both stop and frisk are two separate inquiries. These are not free-for-all searches. Let's talk about a hypothetical and see how the stop and frisk may apply. Class, you are an officer, and you see a person you know to be a gang member who has carried weapons in the past. He is just sitting on the side of the street with some friends out in front of a house. May you approach him? May you frisk him? Explain. QUESTION 5 - How far does and should the frisk doctrine extend? What if there is a traffic stop and the driver is engaging in furtive conduct, acting suspiciously, and continues to maneuver under the seat as if he is trying to access something? While the officer may have reason to believe that the driver may be armed and dangerous, does this extend to the passengers (even if the passengers have done nothing in particular to raise any suspicion of being armed)? Can the officer frisk the passengers? Why or why not?

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Due By (Pacific Time) 12/11/2014 12am
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