You are a police officer. One day you and your partner spot a suspicious van driving down the highway. You notice that the driver is not wearing a seat belt, which is a violation under state law (punishable by up to a $1,000 fine), so you pull him over. You question the driver, Bob, and his passenger, Eddie, about where they are headed. Bob and Eddie provide different answers and seem nervous. You delay writing the ticket for 30 minutes, keeping Bob's driver's license in your possession, and call for backup units. The units arrive and park their patrol cars in front and to the side of Bob's van, which surrounds him. You ask Bob if he has any weapons in the van. He says, no. You respond, "So you probably won't mind if we search it then, right?" Bob says, "If you have to do it, go ahead." Upon searching, police find a pound of cocaine under the floorboard in the back of the van. Bob is arrested and is now filing a motion to suppress the drugs, arguing that the search was illegal.

Consider the first three steps of the Criminal Justice Decision Making Model:

Step One: Define the problem (and the questions that need to be answered): Read the information about Legal Searches and the Fourth Amendment, Basic Limitation on Searches, The Exclusionary Rule, Justification for Reasonable Searches, Vehicle Searches, and Legal Arrests. Formulate an opinion about (1) whether you were justified in pulling Bob over, (2) whether he was detained too long, and (3) whether this search was legal or illegal. Were there any other procedures that you would have followed to ensure the safety of the officers or the integrity of the search?

Step Two: Gather evidence (law, policy, procedure, data) and evaluate for relevancy: What U.S. Supreme Court decisions support your opinions?

Step Three: Weigh moral considerations and direct/indirect consequences: What would the impact be if the search was deemed illegal by a court? Do you agree or disagree with the exclusionary rule, and why?Specifically, you should ensure that using subjective/objective and reflexive/reciprocal pronouns correctly.

Step Four: Write your proposal, utilizing the above material.

Step Five: Balance  position by addressing alternatives and potential pitfalls.

Answer rating: 100% (QA)

Step One Define the Problem 1 Justification for the Traffic Stop You were justified in pulling Bob over since not wearing a seat belt is a violation u... View the full answer