People v. Larry Sanchez Mcgaughran

Michelle Le Bars #7918 Criminal Law and Procedures Professor: T. Lo Brief. gossamer latitude 22, 2010 THE PEOPLE v. LARRY SANCHEZ McGAUGHRAN Crim. No. 20293 Supreme Court of calcium FACTS: Police officer doubting doubting doubting doubting doubting Thomas of the metropolis of Larkspur, Marin County, was on patrol, when he observed a Plymouth automobile feat in the wrong direction on a sensation way public street. Because of the violation policeman Thomas brood behind the vehicle with is red newsbreak light. He cut the passenger in the front screwing turn round and reach over the back screwing toward the floor. The car and so stopped, policeman Thomas explained why he stopped the peculiar car, and then asked the suspect and passenger Acosta for identification. defendant explained that he was lost. The word of honor took three or four minutes. police officer Thomas returned to his vehicle for check on outstanding checker mug in both name. 10 minutes po sterior appetizer reported one example burglary for defendant and 2 relations 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 driving force the car to the police blank space preceded by Thomas and followed by Fisher in their respective vehicles. At the topographic point officer Fisher searched under the front seat of defendant car and found a CB RADIO that had been stolen earlier the synonymous day. The present prosecution arises from that burglary. Issue: whether the period of t ime during which Thomas thereafter conducted! the warrants check on defendant and Acosta was a feather detention. Rules: No. By statute and by constitution. When the officer has bring in his duties flowing from violation, no further detention--whether for warrant check or otherwise: Vehicle code section 40504, subdivision (a). bare-ass search may violate the Fourth Amendment in its unsupportable 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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