Reference no: EM131810054

Assignment

INVESTIGATIVE SCENARIO

I. Crime Type:

Murder / Non Negligent

II. Victim:

Randy Odleman, W/M/29, 1362 Maiden Lane, Room H, Raleigh

The victim was located in the alley behind the rooming house where he lived. He had one gunshot in the leg and two in the back. A trail of blood was found from the back porch of the rooming house to the location of the body 50 feet away. The victim was lying face down and deceased when you located the body. The murder weapon was not located. The victim has a criminal record from 2 years ago for Possession of a Controlled Substance with Intent to Manufacture, Sell, or Deliver and another charge of Assault on a Female 1 year ago.

III. Witness:

Bob Smith, W/M/42, 1341 Maiden Lane, Raleigh.

He lives across the street from the rooming house where the crime occurred. He was home alone when he heard several shots and called police. He states that the rooming house has many visitors late at night who drive up and enter the premises for a short period of time and then leave. He stated that he had called the police in the past because he suspected someone in the rooming house might be dealing drugs.

IV. Suspects:

Ronald Wilkens, W/M/19, 4206 Brent Road, Raleigh.

He is a student at NCSU. He was pulling out of Maiden Lane onto Hillsborough St. as you were responding to the scene at 1 a.m. on Saturday morning, and you conducted an investigative stop until you could determine what had happened. He stated he was just out riding around and had turned down Maiden Lane not realizing it was a dead end road. He was nervous but cooperative.

Tim Highstring, B/M/38, 1362 Maiden Lane, Room D, Raleigh.

He was the only resident home when you arrive at the scene. Bloody footprints lead to his door. He answers the door and is intoxicated. He states he was asleep until you banged on his door, and he did not hear or see anything. He doesn't appear disturbed when you tell that Odleman has been killed. He is barefooted but the bloody footprints are visible inside his apartment. You learn later from other residents of the rooming house that Highstring owed the victim money and that the victim had been pressuring him for it.

Cindy Sarles, W/F/26, 2516 Brannon Court, Apt 312, Raleigh

She was a longtime girlfriend of the victim, but he recently broke up with her. She had him charged with assault one year ago. After learning about her from Highstring, you locate her at her apartment about one hour after the crime occurred. She states she has been home all evening but doesn't have a witness to that fact. She refuses to give consent to search her apartment.

V. Questions:

The questions below should be answered by making reference to the 4th, 5th, and 6th Amendments to the U. S. Constitution and to the Supreme Court cases of Terry v. Ohio, Draper v. United States, Miranda v. Arizona, Mapp v. Ohio, and Arizona v. Gant.

Answers must also include a thorough explanation of why you would take a particular course of action in order to receive credit. Your explanation of why you would take the course of action you choose is as important as choosing the correct action.

This is your term project, and it should be typed with normal font and margins and be at least two pages in length. Each section of your paper should be numbered to correspond with the question number.

1. Does reasonable suspicion exist to stop Mr. Wilkens' vehicle?

2. If Mr. Wilkens turns out to be intoxicated, to what extent and under what circumstances can his vehicle be searched?

3. Does probable cause exist to search Ms. Sarles' apartment?

4. Does probable cause exist to search Mr. Highstring's apartment?

5. If you could search Mr. Highstrings's apartment and his person, what types of evidence would you need to establish probable cause to arrest him?

6. At what point would you be required to give Mr. Highstring his rights under Miranda?