Wednesday, February 5, 2020
Criminal Procedures Seminar - Week 2 Essay Example | Topics and Well Written Essays - 250 words
Criminal Procedures Seminar - Week 2 - Essay Example The contact is only consensual if a citizen voluntarily stops to communicate with a law enforcer. For instance, traffic stops do not require a suspicion to justify the contact. On the other hand, a Terry stop, which is often a brief detention, lies between a consensual encounter and an arrest. Even so, it demands ââ¬Å"reasonable articulable suspicionâ⬠of an ongoing or future criminal activity. An arrest occurs if a police stops a citizen and they are not ââ¬Å"free to leaveâ⬠. There are basic factors used to coerce a search or an arrest. A ââ¬Å"probable causeâ⬠of arrest exists if there is hard evidence or coherent facts that signify the presence or future occurrence of a crime by the person the police stop (Law Enforcement Bulletin, 2014). A person can only be under arrest if police are aware of a crime and have substantial evidence, for instance, if they smell drugs, or see a weapon. During encounters, the searches are often appropriate, although there are times when it is inappropriate. A search is only appropriate if there is ââ¬Å"reasonable suspicionâ⬠of a current or future occurrence of a crime. A search is appropriate if a person seems anxious or answers questions contradictorily. One is often in more trouble for telling a lie as compared to simply keeping quiet. In any case, police will inform them of their rights, such as the right to remain silent, in the process of an
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.