1. What was the office did to Tommy constitutional? Why or Why Not? What is a case that supports your answer? 
2. What is a Motion to Dismiss? Why does Tommy think his charge should be dismissed? What do you think? 
3. Are there any other legal issues you can think of that may apply to Tommy's case? 
4.  

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1. Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, Tommy was observed standing in an alley behind the shop by a police officer. It was 11:50 a.m. on a June evening, and Tommy was wearing a pair of jeans, tennis shoes, and a shirt. After 5 minutes, the officer approached Tommy and asked him "what he was doing in the alley at such a late hour." Tommy responded that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. He produced identification that confirmed that he lived a short distance from the store. The officer then grabbed Tommy, swung him around, pushed him against the wall of the store, and "frisked him." After feeling a hard object in Tommy's back pocket, the officer reached in and discovered a small 3 x 3-inch container full of locksmith tools. He then arrested Tommy for possession of burglary tools and conducted a search incident to arrest. During that search, he discovered a diagram of the audio/video store hidden in Tommy's pants. Tommy was subsequently charged with attempted burglary and possession of burglary tools. He has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Should the motions be granted? 1. Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, Tommy was observed standing in an alley behind the shop by a police officer. It was 11:50 a.m. on a June evening, and Tommy was wearing a pair of jeans, tennis shoes, and a shirt. After 5 minutes, the officer approached Tommy and asked him "what he was doing in the alley at such a late hour." Tommy responded that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. He produced identification that confirmed that he lived a short distance from the store. The officer then grabbed Tommy, swung him around, pushed him against the wall of the store, and "frisked him." After feeling a hard object in Tommy's back pocket, the officer reached in and discovered a small 3 x 3-inch container full of locksmith tools. He then arrested Tommy for possession of burglary tools and conducted a search incident to arrest. During that search, he discovered a diagram of the audio/video store hidden in Tommy's pants. Tommy was subsequently charged with attempted burglary and possession of burglary tools. He has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Should the motions be granted?

Answer rating: 100% (QA)

Based on the information provided let us tackle each of your questions in order 1 The constitutionality of the officers actions depends on whether the officer had a reasonable suspicion that Tommy was ... View the full answer