CRIMINAL PROCEDURE

Hypothetical Assignment - Criminal Procedure and Sentencing

[Institute's Name]

Hypothetical Assignment - Criminal Procedure and Sentencing

Introduction

The safety and well being of mankind has always been a deep concern since the inception of the world and with each respective era mankind has employed numerous manners and techniques to ensure the well being and safety of the inhabitants of their community. It will not be wrong to state that the modern era, paved more advanced and rather more reliable aspects of safety of mankind; yet, with the advancements of safety, the evil did not take a break either, and propelled in the same direction with more commitment.

However, no safety can be rendered in a haphazard manner, and to render it a sheer and absolute direction, over time mankind astutely developed numerous laws and legislations; which are not only applicable on the common citizens of the society, but also on those officials and domains that are responsible for providing and ensuring the safety of mankind, as well as the society to be free from all the evils.

Over View Of The Case

The case clearly brings a naïve yet cognitive mind to a position where it is coerced to ponder over the authority and power of the law enforcement agencies that have been developed for the safety and honour of the common person, as well as the discretion of the personnel of such agencies pertaining to the action to be undertaken and the manner in which the proceedings have to be taken forward. The case sketches out a scenario in which a (previously) notorious drug dealer (Drake) was spotted by two diligent police (patrolling) officers, with a seemingly crime oriented person, on a street. Assimilating the picture, as his return in the domain of drugs and crime, those police officers sought the permission of an undercover operation from their reporting authority or supervisor to dig out, observe and determine the activities of Drake pertaining to any possible reprehensible crime. However, upon getting the permission to go undercover, one of the police officers (Starsky) befriended Drake at a club and filled him in regarding a fun filled party that he was planning; however, how he tried to trap Drake in the web was by mentioning the absence of a drug dealer who would supply him with the desired drugs to enhance the essence of the party.

Upon the mentioning of dearth of drugs at the party, Drake ensured Starsky to facilitate him, and later on provided him with substantial ecstasy tablets for the planned party. The officers took those tablets provided to them by Drake as the key basis of their case, and requested a search warrant of Drake's house from the Magistrate. It seemed as though getting the search warrant was not much of difficulty for them, as they demanded it in the context of 'property involved in the use of drugs'.

The search warrant was granted under violation or breach of specific section, which would take the officers to an unimpeded position of executing ...