Reasonable Suspicion; Probable Cause, and Abandonment

Essay by Dragonlover67College, UndergraduateA, May 2009

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AbandonmentAccording to Wadsworth (2004), abandonment is when one gives up a thing, item absolutely, without limitation as to any particular person, or purpose (p. 299). In addition, property left in an open field or public place is abandoned (para. 2). This would also include property that is located on private premises or in one's garbage, depending on where the evidence is located (para. 3). Moreover, vehicles are determined abandoned by four key factors, when one runs from a vehicle; where and for how long a vehicle is unattended; the condition of the vehicle, and the individual's intent to abandon property and-or vehicle (p. 299, para. 2).

According to Wadsworth (2004), when the Phoenix Police Department was conducting a broad investigation; officers' Sedwick and Melbourne searched neighborhoods that was known to distribute the drug; ecstasy (para. 1). Both officers had observed two college males matching the description of potential ecstasy distributors (para.

2). In plain view, the officers' watched the two males exchange unknown items with another older, unidentified male. This behavior gave the officers' reasonable suspicion that something illegal had just taken place in the plain view Doctrine. They had witnessed with their own eyes, while legally conducting an open investigation, and observed an item(s) that were subject to immediate seizure (p. 298, para. 2).

According to Wadsworth (2004), the plain view doctrine engaged when the officers' performed surveillance, and followed the two suspicious men to the motel. Watching; the two men enter; Room 126, the officers' then approached Room 126 as they had reasonable suspicion; and announced their presence. At this time both officers' heard a sound of rustling; this allowed reasonable suspicion and gave probable cause; because the officers' believed at that very moment; the evidence was being destroyed. Therefore, warrantless, pursued the evidence in the...