People v. Larry Sanchez Mcgaughran

Michelle Le Bars #7918 Criminal Law and Procedures Professor: T. Lo Brief. airy latitude 22, 2010 THE PEOPLE v. LARRY SANCHEZ McGAUGHRAN Crim. No. 20293 Supreme Court of atomic number 20 FACTS: Police officer doubting doubting doubting doubting doubting Thomas of the urban center of Larkspur, Marin County, was on patrol, when he observed a Plymouth automobile go on in the wrong direction on a integrity way public street. Because of the violation policeman Thomas covey behind the vehicle with is red newsbreak light. He sawing machine the passenger in the front screwing turn slightly and reach over the back screwing toward the floor. The car hence stopped, policeman Thomas explained why he stopped the shady car, and then asked the defendant and passenger Acosta for identification. defendant explained that he was lost. The sermon took three or four minutes. police officer Thomas returned to his vehicle for check on outstanding checker excusey in both name. 10 minutes posterior crank reported one warrant burglary for defendant and 2 transaction warrants for Acosta. Officer Thomas called for assistance and confirmation of the warrants. Officer fisherman arrive 5 minutes later and the confirmation of warrant 25 minutes later. Defendant was then arrested on burglary warrant.

Acosta was permitted to engender the car to the police blank space preceded by Thomas and followed by Fisher in their respective vehicles. At the get off officer Fisher searched under the front seat of defendant car and found a CB RADIO that had been stolen earlier the alike(p) day. The present prosecution arises from that burglary. Issue: whether the period of time during which Thomas thereafter condu! cted the warrants check on defendant and Acosta was a straightforward detention. Rules: No. By statute and by constitution. When the officer has gain his duties flowing from violation, no further detention--whether for warrant check or otherwise: Vehicle code section 40504, subdivision (a). radiosensitive search may violate the Fourth Amendment in its unacceptable intensity and scope: Terry v. Ohio,...If you want to get a full essay, order it on our website: OrderEssay.net

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