CASE STUDY

Case Study

Case Study

Case Summary

In this case the two suspects, Moreno and Tierney, were arrested by the police from their home and taken into custody along with two unidentified women. Officer Melbourne tried to arrest Tierney as he had an arrest warrant for missing a mandatory probationary hearing three weeks back. However, when the officer was about to reach the car, the civic raced down the road. The officer chased the car and eventually, the car stopped and two men emerged from the car and raced towards the opposite direction. Officer Melbourne tried to chase one of the men but failed to catch him. When he returned to the car, Officer Kevin Sedwick had arrived on the scene and told him about the rape which has been committed by two men a few miles away. When he told Melbourne the description of the two men, it fit the two men who had just fled from the car. They searched the car for evidence and found some socks and shoes. When the rape victim was interviewed by the detectives, Jones and Morales, she described the appearance of the men and identified the Moreno and Tierney from the driving license and a mug shot respectfully. The detectives went to the address that the driving license was registered to, and saw through the windows, a woman with a cut across her face and crying. They knocked down the door of the house where they saw two women and the suspects Moreno and Tierney. They also saw some weapons and drugs on the table. They arrested everyone and the men were read Miranda rights, while the women were read the Miranda rights when they appeared before the magistrate. The men were charged with rape and possession of narcotics and the women with possession of narcotics.

Answer 1:

The probable cause or reasonable suspicion does exist. According to the Fourth Amendment and the Foreign Intelligence Surveillance Act, the probable cause or reasonable suspicion, in simple words means that it exists where there are sufficient circumstances and facts available for warranting a man with some caution in the beliefs that evidence or contraband of the crimes that have been committed will be found (Barry & Howard, 1995). In this case, firstly, the car was speeding and when the officer indicated it to stop; the car did stop but then sped away as the officer came nearer to the vehicle. The officer chased the car and then the two men jumped out and ran in opposite direction. Secondly, there were also the suspects of a rape case. The victim identified them. Thirdly, the detectives saw guns, drugs and the ripped shirt of the rape victim on the table of the victim's home. These were enough facts for arresting the suspects. However, the detectives should have collected the evidence.

Answer 2:

According to the Terry v. Ohio case in Supreme Court of US, there should be sufficient probable cause or evidence which justifies the police to stop and frisk or ...