CriminalProcedures during Arrest
Whendealing with suspects, police officers have to follow a legalprocess. This legal process is in place to ensure that the officer,suspect or anyone in the vicinity is secured form any harm. The law,though being very distinct has various alterations to suit anysituation. Based on a case scenario, this essay, evaluates whatcriminology is about, highlighting various laws that are applicableduring the arrest. The essay also highlights on warrants, how theyare issued as well as what they entail. Further, the paper explainsbehavioral evaluations that authority agents perform during arrestand procedures that they carry out during arrests to them as lawfulas possible.
Criminologyis a branch of sociology that deals with the study of crimes. Furtherdefinition, it is the scientific study of nature, magnitude, causes,results and prevention of crimes. Criminology relies on the expertiseof sociologists, social anthropologies, psychiatrists, psychologistsand law scholars who research while applying behavioral and socialsciences. Criminologists, therefore, analyze data to find ways topredict the nature of the crime and to prevent more crimes.Criminologists spend time in a scene of crime gathering informationwhich is then analyzed further in a laboratory or an office.Criminologists work hand in hand with police officers, who oftenreach the scene of crime first. In a crime scene, police officers arealso trained to analyze criminal behavior to determine whether anarrest will be made. While doing this, police adhere to legal methodsas laid out in the constitution.
Americancitizens are protected by various laws which protect them from unfairpolice treatment during the arrest. The Fourth Amendment to the U.S.Constitution prevents unlawful searches and seizures. Search andseizure are a procedure carried out by suspecting police or authorityagents to perform a search of a person’s property with theintention of finding and confiscating any incriminating evidence. Theamendment forbids unreasonable searches and seizures and can happenonly after issuance of the warrant. The warrant is only imposed onprobable cause, supported by affirmation and describes the place orperson to be searched as well as property to be seized. [ CITATION Fin13 l 1033 ]Althoughcitizens are entitled to that right, there are exceptions to the law.These exceptions will be highlighted about Abby and Bobby`s story.
Wherejustified, police officers are allowed to conduct searches on aperson`s premises, car or property with the intentions of looking forand seizing illegal items or evidence of a crime. While doing this,police officers must prove that the search is reasonable by showingthat the search is being conducted because it is likely that a crimehas occurred and not that it has occurred. This is meant to show thatif the search is conducted, there`s a probability that a crime hashappened and illegal items will be found. This is called probablecause.[ CITATION Fin13 l 1033 ]Police may also conduct a warrantless search if a person does nothave a privacy interest in items in question. In such a case, thepolice can take the items without conducting a search since there’sno legitimate expectation of privacy. Police may also conduct awarrantless search if they have reasons to fear for their safety orthat of the public. [ CITATION Tex16 l 1033 ].
Abbyand Bobby’s Situation
Probablecause is a reasonable ground which police officers have to obtain asuspect`s arrest warrant. The word ‘probable` is used in thisconcept since police officers relate to various parts of evidence orhuman behavior to elicit justifiable reasons to make an arrest. AsBobby is driven off in the police car, Abby shouts, “Don`tworry, baby! I`ll come bail you out as soon as I can turn a littleprofit with the goods!" This statement is tagged with suspicion on what ‘goods` Abby isreferring to. Back in the house, a baggie of marijuana lies on thetable. It could, therefore, be possible that Abby is referring todrugs when talking about "goods." This statement elicits alot of suspicions, and Abby should be arrested for furtherquestioning.
Severalillegal items have been found in Bobby`s house. Among them is ashotgun, which, which poses a great danger to the public and thesuspects themselves. It is very possible that neither Bobby nor Abbyis licensed to be in possession on the shotgun. Bobby and Abby arealso in possession of illegal drugs. A bong and a bag of marijuanaalso lie on the table. The bong indicates that either Bobby or Abbyuse the drug as well. These are items that fit to be presented in acourt of law as evidence against Bobby or Abby, or both. What Abbysays as Bobby is driven off can also help in providing moreinformation. Abby mentions selling ‘goods` to make profit and bailBobby. These goods may be more drugs, probably more marijuana, whichmay also be in Bobby`s house. Also, Edward has known this couple`scriminal record. Police may use viable first-hand information fromreliable sources in carrying out investigations. This is keyinformation which should go in the affidavit.
Davidand Christina did a great job in getting to the scene as fast as theycould. They hold off Abby and Bobby while Edward`s partner get`senough time t look around the suspects` house. By keeping thesuspects on hold, the further suspicious behavior is prevented. Thefact that a shotgun lies in Bobby`s house shows that where possible,Bobby would rush back in the house, grab the shotgun and put theofficers`, Abby`s and his life in danger. Also, the suspects couldhave gone back into the house and hidden the bag of marijuana, whichwould have made it hard for officers to spot the illegal items. Arriving at the scene early also holds off the suspects so thatbackup units can arrive.
Bylaw, warrants have to include a detailed description of the premiseor person to be searched as well as what is to be seized.In Abbyand Bobby’s case, the warrant should cover both Abby and Bobby, aswell as their house. Bobby is seen reaching for his waistband. Thismeans that he could be having more weapons with him. There could bemore drugs and weapons in the house as well. The warrant should,therefore, cover their entire premise as well the suspects in person.The warrant should also give directions for the seizing of illegalfirearms and drugs, should they be found on the suspects or in thehouse.
Uponarrival at the precinct, Abby and Bobby should be searched. While thecouple was arguing, Bobby says, “Justbecause the cops are here doesn`t mean I won`t finish what Istarted!" as he reaches for his waistband. This is proof that hecould be having a weapon with him. Blood is also running on Abby’shead, and Bobby has scratches all over his face and hands.It ispossible that these scratches were attained as the two engaged in afight. The availability of the bag of marijuana in Bobby’s housealso raises suspicion of what other drugs the coup could be inpossession of, either on them or in their premise. It is, therefore,important to search the two suspects upon arrival at the precinct.
Thepolice officers may do an activity known as ‘Stop and frisk”.This activity involves either the use of force or authority or both.When showing force, police officers physically lay hands on thesuspect, with the intention of detaining them. This is done to makethe person cooperate and submit to authority. When Bobby is seen tobe reaching for his waistband, police can employ this procedure tosubdue Bobby and prevent him from causing any harm. The stop is alsojustifiable in Bobby’s case since he acts strangely and shows signsof being emotional, angry and intoxicated. Bobby is seen to bebloodshot, breathing fast and has accelerated speech. The suspect canthen be frisked. Frisking involves patting a person’s outer clothesto look for any weapons or drugs. The purpose of the frisk is toeliminate any suspicions of danger to any person or the officers.(Rice, 2009). A frisk is justifiable on various occasions. In thiscase, the fact that Bobby tries to reach for his waistband is anindication that he could be concealing a weapon. This raisessuspicions that Bobby is armed and is a security concern to thosearound. The officer is also justified, given Bobby’s emotionalstate. The officers may then seek a search warrant to confiscateother illegal items or contraband that may be at Bobby’s house.
Whiledealing with suspects, police officers or any authority agents haveto be very careful. Suspects may pose a danger to themselves, thepolice officers or those around. However, the police officers shouldalso adhere to laws governing human rights, which the suspects arealso entitled to. Police officers should, therefore, be effectivelytrained to deal with suspects safely. Similarly, it is the role ofany citizen to know their rights as well as what is expected of themwhenever police officers need to question them or subdue them. Thishelps greatly in preventing danger as well as (further) unlawfuldeeds by the suspect or officers. Often, submission and cooperatinggoes a long way in helping one stay out of trouble, guilty or not.
FindLaw. (2013). Searches and Seizures: The Limitations of the Police. Retrieved December 20, 2016, from FindLaw: http://files.findlaw.com/pdf/criminal/criminal.findlaw.com_criminal-rights_searches-and-seizures-the-limitations-of-the-police.pdf
Rice, B. (2011, December). When Can the Police Stop and Frisk You on the Street? Retrieved December 20, 2016, from LegalZoom: https://www.legalzoom.com/articles/when-can-the-police-stop-and-frisk-you-on-the-street
Statutes, T. C. (n.d.). CODE OF CRIMINAL PROCEDURE. Retrieved December 20, 2016, from Texas Constitution and Statutes: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.14.htm