In this final, there have been many elements of criminal procedures that have been covered. From reasonable suspicion and probable cause to jurisdiction and venue. This case study has covered all the elements that we have learned in this class.
In this case study, I believe that probable cause and reasonable suspicion exist. At the time that Officer Melbourne was behind the red Honda Civic, he had reasonable suspicion because he noticed how there was a crack in the windshield, one headlight was out, and the vehicles tags were two months past due. Reasonable suspicion is facts or circumstances which would lead a reasonable person to suspect that a crime has been, is being, or will be committed. Reasonable suspicion is standard for traffic stops. With reasonable suspicion it may be enough to detain and pat down to protect the officer, but not enough to arrest.
Probable cause came in after Officer Melbourne pulled the Honda Civic over and called his license plate into dispatch and found out that the driver had a warrant for his arrest because of a missed mandatory probationary hearing three weeks ago.
Probable cause is facts or evidence that would lead a reasonable person to suspect that a crime has been, is being, or will be committed. If probable cause exists, then there is sufficient evidence to justify an arrest.
The levels of proof in this case study do justify a stop and frisk as well as an arrest. When Officer Melbourne first noticed the tags on the car, he had the right to stop and frisk. This type of search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. Police can stop and frisk someone if they believe that they might be in danger and if...