Blog

Criminal Procedure Case Study Analysis

Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures

Officer  Williams asked the neighborhood’s regular trash collector to put the  content of the defendant’s garbage that was left on the curb in plastic  bags and to turn over the bags to him at the end of the day. The trash  collector did as the officer asked in order to not mix the garbage once  he collected the defendant’s garbage. Then, Officer Williams’ partner,  Officer Martinez, searched through the garbage and found items  indicative of narcotics use. Officer Williams and Officer Martinez then  recited the information that was obtained from the trash in an affidavit  in support of a warrant to search the defendant’s home. Officer  Martinez and Officer Williams encountered the defendant at the house  later that day upon execution of the warrant. The officers found  quantities of cocaine and heroin during the search and arrested the  defendant on felony narcotics charges.

Write a 2- to 3-page paper in which you:

1. Identify the constitutional amendment that would govern Officer Williams’ and Officer Martinez’ actions.
2. Analyze the validity and constitutionality of the officers’ actions.
3. Assess if the officers’ actions were justified under the  doctrines of plain view, abandonment, open fields, or border searches.  Support your response by citing specific case law and/or contemporary  cases.
4. Use at least three quality references. Note: Wikipedia and other similar websites do not qualify as academic resources

PLEASE NUMBER EACH QUESTION

1. Victims of sexual assault and other similar crimes are often hesitant to report their victimization to law enforcement. Please elaborate upon at least four reasons a victim might decide against reporting this violent crime to law enforcement. Your response must be at least 225 words in length.
2.  According to the article “The Complexities of Sex Offender Registries” by Snarr and Frederick, the first sex offender (SO) registry was implemented in California in 1947. Since that time, most states have implemented SO registries. Strangely, before 1994, the United States did not have a federal law addressing SO registration and notification. Discuss the impact of Kansas v. Hendricks (1997) on sex offender policies. Your response must be at least 225 words in length.
3. In the report Still Life: America’s Increasing Use of Life and Long-Term Sentences, Nellis reports that the United States continues to set records related to incarceration, especially those serving life sentences. Additionally, Wagner and Sawyer’s press release, Mass Incarceration: The Whole Pie 2018 reports mass incarceration in the United States involves 2.3 million people in custody. Summarize the relationship between disparate sentencing, three-strikes laws, and U.S. drug policies.