Week 2 Discussion – Due
Dec 9, 2020 10:59 PMMCJ6410-Legal Issues in Criminal Justice SU01
The discussion assignment provides a forum for discussing relevant topics for this week on the basis of the course competencies covered.
For this assignment, make sure you post your initial response to the Discussion Area by the due date assigned.
To support your work, use your course and text readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Start reviewing and responding to the postings of your classmates as early in the week as possible. Respond to at least two of your classmates’ initial postings. Participate in the discussion by asking a question, providing a statement of clarification, providing a point of view with a rationale, challenging an aspect of the discussion, or indicating a relationship between two or more lines of reasoning in the discussion. Cite sources in your responses to other classmates. Complete your participation for this assignment by the end of the week.
Two officers were walking in a neighborhood known for high volumes of drug deals. They came across the car of an individual whom they had arrested two years prior for drug dealing. The car was parked on a curb in front of a residence.
One officer peeked inside the car, the other walked down the sidewalk to the house and up to the corner of the wooden fence surrounding the house. The second officer noticed a strange looking garden in the yard through the cracks of the fence. He put his foot in a small hole at the bottom of the fence and pulled his head up over the fence looking into the yard and noticed several plants that resembled marijuana growing in the yard.
He informed the other officer and they walked around to the back of the house to see if the owner of the house was home. As they walked around the house, three men in the back of the house noticed the officers through the cracks of the fence and quickly went inside the house. The officers then jumped over the fence and approached the house, ordering all occupants out of the house.
When questioned about the plants, the house owner admitted that it was marijuana. He was arrested.
- Were the marijuana plants spotted by the officer in plain view under California v. Ciraolo? Why?
- What details could be added to the scenario to increase the likelihood that the marijuana plants were in plain view? Explain. What details could be added to the scenario to decrease the likelihood that the marijuana plants were in plain view?
- If the marijuana plants were spotted legally, did the officers then have the right to walk around the house? Explain.
- Did the officers have a right to jump the fence and order everyone out of the house? Explain.
- Did the officers have a right to make the arrest under Illinois v. McArthur? Explain.
Support your responses with adequate research and supporting data. Review and comment on the submissions of at least two of your classmates by the end of the week.
Cite any sources using APA format on a separate page. Let’s learn how to cite sources using APA guidelines.
Week 2 DiscussionDiscussion Topic Due December 9 at 10:59 PM