On a cool Saturday night , NYC 911 Dispatch Operator Shirley Jones received a call regarding a
Question:
On a cool Saturday night , NYC 911 Dispatch Operator Shirley Jones received a call regarding a vehicle that had been vandalized. Operator Jones asked the caller" if he was in danger, was there an emergency? " The caller replied "no, that his car window was broken and his radio had been stolen". Operator Jones asked the location of the vehicle and a call-back phone number. She suggested to the caller that he walk to the local precinct, that was 2 blocks away and file a report.
The second call Operator Jones received was a possible kidnapping in sector (5) of the 75th precinct. Officer Jones and Officer Carlyle responded to the dispatch as they were patrolling that area in a marked vehicle. Sector (5) tended to be a high crime sector and the two Officers were on the lookout for people in need of assistance or acting illegally or suspiciously.
Sector (5) was a commercial area that contained many commercial businesses and was relatively quiet during the week days between the hours of 9am-5pm, but there was strip club called the Coochi Club, that seemed to source of a lot of criminal activity during the weekend and evening hours.
The two Officers patrolled the area and saw no indication of any criminal activity. While patrolling, the two Officers saw Officer Jackson standing on the corner of Sutter and Lincoln Avenues. Carlyle and Jackson stopped the vehicle to talk to Officer Jackson. Officer Jackson approached the vehicle and told Officers Carlyle and Jackson that this guy he talks to in the neighborhood and often gets information from, had just told them that a high roller had been kidnapped from the Coochi Club. The only evidence about these crimes was that the perpetrators were seen driving a red Honda Civic. Apparently the two alleged perpetrators had committed similar crimes at the club and were being investigated by the detectives at the NYPD Central Robbery Unit.
Both Officers thanked Officer Jackson and drove away heading back to the precinct for meal. On the way back the Officers stopped their vehicle at a red light. Officer Carlyle heard a loud thumping noise coming from the trunk of the vehicle next to him. The Officer heard a loud thumping noise and blood leaking from the trunk down the passenger side tail light. Officer Carlyle looked over to his right and saw two young black men sitting in a vehicle. When the driver of the vehicle saw Officer Carlyle look in his direction, he turned up the radio very loud. Carlye said to Jones, " hey look it's a red Honda Civic with two stupid looking black guys driving. You know they are always committing crimes."
Officer Carlyle put on the sirens and indicated for the driver of the vehicle to pull over. Once the vehicle was parked, both Officers exited their unmarked vehicle and approached the two men seated in the car. Officer Jones walked to the passenger side and Carlyle approached the driver. Officer Jones and Carlyle looked into the vehicle and saw a large knife, a bloody hammer and rope laying in the back seat. The two men appeared startled when approached by the Officers. Officer Carlyle asked both men to turn off the car and exit the vehicle. After both men complied, Officer Carlyle asked both men to produce identification. One man replied, "what for I wasn't driving, don't have Constitutional rights?"
Officer Carlyle heard the loud thump again, the noise appeared to be coming from the trunk. Officer Carlyle asked the driver what was in his trunk? Officer Carlyle also asked the driver of the vehicle if he had been using any narcotics and if there were any weapons in the vehicle. After some loud verbal exchanges, both men complied and produced identification. The driver was identified as Mr. Jordan James and the passenger was Mr. William Monroe. Mr. James produced his license and registration for the vehicle. Both forms of identification were current.
Officer Carlyle asked both men if they had been engaged in any criminal activity. Mr. James and Mr. Monroe looked each other, laughed and told the Officer to "screw off." Officer Carlyle searched both men, they were handcuffed and commanded to sit on the ground. Again, Officer Carlyle heard the thumping noise from the trunk. He asked both men, what is in the trunk?" Both men laughed and Mr. James said, " a dog."
Officer Jones went back to his patrol vehicle to run an identification check on both men. One check revealed an outstanding warrant for Mr. James. He had an outstanding warrant for rape charges.
Officer Carlyle asked the driver, Mr. James, again, " Sir, do you have illegal contraband or any weapons in the vehicle?"
The Driver said, "F.... you man."
Officer Carlyle replied, "may I search your vehicle?"
The driver, Mr. James replied, "No! you cannot search my vehicle - friggin' pig."
While Officer Carlyle was talking to Mr. James, the other suspect, Mr. Monroe jumped up and attempted to flee. Mr. Monroe began running down the street handcuffed. Officer Jones fired two warning shots while he pursued the suspect on foot. In order to bring Mr. Monroe into compliance Officer Jones jumped on top of him and wrestled him to the ground and held him in a chokehold. Officer Jones placed leg restraints on the Mr. Monroe and dragged him back the car. Then Officer Jones punched Mr. Monroe in the face and kicked him in the side of his stomach. Mr. Monroe, now angry began to shout profanities at the Officer Jones. Officer Jones seemed to have injured his hand while attempting to subdue Mr. Monroe.
Meanwhile, Officer Carlyle thought he heard a voice coming from the trunk. He ran to his police vehicle, opened the trunk and pulled out a jack. The Officer used the jack to force open Mr. James' trunk. Mr. James screamed he was going to report the Officers to Internal Affairs. Mr. James continued screaming that Officer Carlyle had no right to break into his vehicle. It violated his rights.
Now out of breath as a result of the foot chase, Officer Jones told his partner about the outstanding warrant. Both Officers finally pried open the trunk and found a young man with tape over his mouth and bound with electrical cord. The victim had a small wound over his right eye. Officer Carlyle called for backup. Both Officers were shocked. Officer Carlyle helped the young man out of the trunk. Other uniformed Officers arrived on the scene within minutes to help secure the suspects and assist the victim. Officer Jones began searching the vehicle. The search revealed the following: A bloody machete sitting in the back seat on the passenger side of the vehicle. A hammer and 5 feet of rope. A crack pipe in the ash tray. They also discovered the victims' wallet and a loaded .45 caliber gun in the locked glove compartment.
The Officers searched both men while handcuffed. Officer Jones found one thousand ($1000.00) dollars in Mr. James' wallet. Officer Jones removed the money from the wallet and placed it in his pocket while no one was watching. He said under his breath, "that's what happens when I have to chase you." The Officers searched the men's' pockets, shoes, socks, all the pockets in their jackets, hats and any other open or accessible container on the men's' persons. An ambulance arrived for the victim found in the trunk. The Officers began to question the victim. He was identified as Mr. Joe Blankenship; he told the Officers that Mr. James and Mr. Monroe grabbed him while he was in the Coochi Club. Mr. Blankeship indicated that he had too much to drink and Mr. James and Mr. Monroe knew that he had a lot of money because of his relationship with many of the dancers at the club. Mr. Blankenship said Mr. Monroe and Mr. James demanded money and said they were going to take him to the closest ATM. The also demanded Mr. Blankenship ride in the trunk. The two suspects threatened Mr. Blankenship - they told him they would chop him up, like they did the other guy, if he did not give them money.
The Officers brought Mr. Blankenship over to the vehicle where the suspects were sitting. The Officers asked Mr. Blankenship to identify the two suspects. Mr. Blankenship identified both men before he was taken away by the ambulance.
Officer Jones and Carlyle placed Mr. James in the back of their police vehicle for transport to the precinct. While riding in the back of the vehicle, Mr. James blurted out, "f*ck yal bum a$ cops, that n@gga Blankenship owed us bread (money). We needed to "drag" him for disrespecting us." Officer Carlyle wrote down Mr. James' statement in his log book. Officer Jones turned and stated to his partner, "we can use this as evidence against him."
Upon arrival at the precinct, the Officers took the suspect into the interrogation room. Detectives George and Bruin from the Central Robbery Unit arrived at the 75th precinct to talk to the victim and the two suspects. The Officers provided the Detectives with all the evidence collected from the crime scene and from the suspects. The Officers told the Detectives they should have their report completed in a few hours. Mr. James was seated and handcuffed to a metal table. Detective George advised suspect James of his Miranda rights. The Detective then began asking the suspect questions. Mr. James laughed and stated, " I want my lawyer, I aint' got nothing to say to you stinking pigs.", Detective Bruin laughed and said, "oh you gonna tell us everything you know, ya dummy." Detective George continued to ask Mr. James questions. Several hours passed and the suspects were denied access to the bathroom and water. Finally, after 10 hours being handcuffed to the metal table with no access to food, water or a restroom, Mr. James confessed to kidnapping Mr. Blankenship.
Later that evening the blood found on the tail light of the vehicle was submitted for analysis. It was determined that the blood found did not belong to a dog or Mr. Blankenship or the suspects. Mr. James fingerprints were found on the machete, the victim's wallet, the hammer and rope. Mr. Monroe's saliva was found on the crack pipe and his fingerprints were found on the gun.
Detectives George and Bruin interviewed Mr. Blankenship and went back to the bank where the suspects forced him to withdraw money. After serving the bank with a legal document, the bank turned over a video of the two suspects holding a gun to the victim's head while at an ATM, not far from where Officers Carlyle and Jones stopped them. The video shows the victim handing Mr. Monroe what appears to have been a significant amount of cash. The cash was not recovered by authorities.
Detective Bruin suggested to Detective George they should try and obtain a warrant to search the suspect's home. They might find additional evidence to strengthen the case. Detective George assured him they didn't need a warrant. The next evening, after the suspects were arrested and awaiting arraignment, the two Detectives used the keys seized from Mr. James pocket and entered his home. They obtained his address from his arrest form. The Officers conducted a thorough search and found an 8 ball (Cocaine) and a box filled with one-hundred-dollar bills. Detective George wanted to keep the cocaine to sell to a drug dealer he knew. Detective Bruin said it would be best if they seized it and enter it into evidence against the suspect - it was good evidence and it strengthen their case. Bruin told George to keep the money.
Respond to the below questions based on the above Fact Pattern
- What type of response did Operator Jones provide to the victim whose car had been vandalized?
- What type of patrol were Officers Jones and Carlyle conducting when they received the call from dispatch regarding a possible kidnapping?
3. List ALL the evidence seized by the Officers. Identify the type of each piece of evidence you list. Make sure you go through the fact pattern carefully and list each piece of evidence noted.
Evidence | Type |
4. Which standard of proof did the two Officers establish when they approached the two men when stopped at the traffic light? What facts support your answer?
5. Were there any actions taken by the Officers Jones that might constitute excessive force or brutality? Yes? No? If yes, please use the fact pattern to identify which actions were excessive or brutal? Briefly explain.
6. What type of resistance did Mr. Monroe use against Officer Jones when he attempted to escape from the Officers while handcuffed?
7. Which section of the NYPD Patrol Guide did Officer Jones violate when he attempted to control ?
8. Using the NYS Penal law as a guide - list below ALL the sections of the penal code the suspects should be charged? Include the section number and title. Go through the fact pattern carefully and list each crime committed and list it below - then use the NYS Penal law to find the corresponding section.
Title | Section Number |
9. Was there ANY evidence seized by the Officers or Detectives that could be considered inadmissible? No? Yes? If yes, identify the piece of evidence that could be considered inadmissible and briefly discuss why can't it be used? Which rule would apply to evidence?
10. What evidence obtained by the Officers established Probable Cause that authorized them to arrest the suspects and conduct a search the individual suspects and the vehicle search?
11. Can ALL the evidence seized by the Officers be used against the suspects absent a warrant? Was the proper standard of proof established to seize the evidence absent a warrant?
12. Did the Officers violate the Constitutional rights of the suspects (Mr. James and Mr. Monroe)? If yes, indicate which rights were violated and how these rights were violated according to the fact pattern.
13. Did Officer Carlyle violate Mr. James' Constitutional rights when the Officer opened the locked trunk without Mr. James' permission? Yes? No? Why? Support your discussion by referring to the correct criminal theory, Standard of Proof and/or Constitutional amendment.
14. Which identification method was used by the Officers identify the two suspects?
15. What type of patrol were the Officers conducting when they stopped the suspects?
16. What type of resistance did Mr. Monroe exhibit when he shouted profanities at Officer Jones?
17. After Mr. James stated he wanted his lawyer; what actions should have been taken by the Detectives? Which Constitutional rights did Mr. James assert?
18. Can Mr. James confession be used as evidence? Yes? No? Why?
19. What type of information did Officer Jackson provide to Officers Carlye and Jackson and what type of strategy can it be characterized as?
20. What type of Patrol was Officer Jackson performing when approached by Officers Carlyle and Jones?
21. What circumstance gave Officer Carlyle authority to open the trunk?
22. What computer system did Officer Jones use to check the identification of the suspects?
23. Did the Detectives violate any of Mr. James' Constitutional Rights? If yes, indicate which rights were violated and how these rights were violated according to the fact pattern.
24. What type of interview did the Detectives conduct with the victim Mr. Blankenship? What type of interview did the Detectives conduct with the suspect Mr. James
25. What is the proper terminology that would describe the "guy" Officer Jackson received his information from regarding the suspects?
26. Which suspect characteristic could be argued that influenced Officer Carlyle and Jones' discretion to pull over the two suspects?
26. In NYC must a passenger produce Identification to police upon request?
27. What legal document did the Detectives serve on the Bank to obtain the video?
28. How would you describe the Detectives conduct when they decided to keep the money found in the suspects home? Why? Did the Officers and Detectives violate the NYS Penal Law? Which Section?
29. Do you think Mr. James has a valid IAB claim? List the other agencies where the suspect may be able to file a claim against the two Officers?
30. If Officer Carlyle had witnessed the two suspects kidnapping the victim, which standard of proof would have been automatically established?
31. What type of search did Officers Jones and Carlye perform on the suspects upon arrest?
32. Was Mr. James in custody? How can one tell if they have been placed under arrest?
33. If the two suspects were walking on foot, and the Officers suspected them of committing a crime, which standard of proof would be established and what actions would the Officers be authorized take to conduct a field investigation?
34. Did Officer Jones comply with NYPD Policy when he fired warning shots at the suspects when he attempted to flee?
35. What does Steve Martinot state is the single most motivating factor behind Police use of excessive and deadly force?
Fraud examination
ISBN: 978-0538470841
4th edition
Authors: Steve Albrecht, Chad Albrecht, Conan Albrecht, Mark zimbelma