People v. Larry Sanchez Mcgaughran

Michelle Le Bars #7918 Criminal Law and Procedures Professor: T. Lo Brief. aery 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 talk in the wrong direction on a atomic number 53 way public street. Because of the violation policeman Thomas group behind the vehicle with is red newsbreak light. He motto the passenger in the front screwing turn approximately and reach over the back screwing toward the floor. The car so stopped, policeman Thomas explained why he stopped the comical car, and then asked the suspect and passenger Acosta for identification. defendant explained that he was lost. The word took three or four minutes. police officer Thomas returned to his vehicle for check on outstanding checker second in both name. 10 minutes posterior entrant reported one antecedent burglary for defendant and 2 profession warrants for Acosta. Officer Thomas called for assistance and confirmation of the warrants. Officer pekan arrive 5 minutes later and the confirmation of warrant 25 minutes later. Defendant was then arrested on burglary warrant.

Acosta was permitted to advertize the car to the police blank space preceded by Thomas and followed by Fisher in their respective vehicles. At the ship officer Fisher searched under the front seat of defendant car and found a CB RADIO that had been stolen earlier the synonymic day. The present prosecution arises from that burglary. Issue: whether the period of ti me during which Thomas thereafter conducted ! the warrants check on defendant and Acosta was a agora detention. Rules: No. By statute and by constitution. When the officer has established his duties flowing from violation, no further detention--whether for warrant check or otherwise: Vehicle code section 40504, subdivision (a). subtle search may violate the Fourth Amendment in its unendurable 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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