Police Actions & the Laws on Several Cases 1. (20 points) Terry search

The balance of these facts indicate that both Officer Smith and the unnamed narcotics officer acted properly. On the basis of the facts as given, Chad can be charged with aggravated assault and possession of crack cocaine, with good prospects of conviction. His confession to Thelma's murder appears admissible, if supported by other facts not given. (We do not know from the statement of facts whether Thelma was actually murdered at all.) Two issues of particular relevance do deserve further examination, Officer Smith's discovery of crack cocaine while searching Chad, and his confession to Thelma's murder.

If Officer Smith had been conducting a Terry search for weapons, we would have to explore whether a reasonable person, conducting a pat-down for weapons, would be able to distinguish a "big ball" of crack from a possible weapon. However, while a Terry search is one exception to the exclusionary rule, search pursuant to a lawful arrest is another and separate exception. From the statement of facts, Of

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rong, if not equally strong, just outside the adjacent door to Long's bedroom (or for that matter inside Long's bedroom). We should note that Officer Jones's actions AFTER noticing the leafy material on Platt's bedside table raise no questions. The plain-sight exception to the exclusionary rule justifies his subsequent action in entering Platt's bedroom, awakening him, and asking him if the marijuana was his. If he had happened to glance in and see the marijuana before smelling it, the plain-sight exception would apply. Indeed, based on a a plausible interpretation of the statement of facts û that the smell of marijuana was strongest near the door û Officer Jones acted reasonably on the facts as provided. It would be asking much of a police officer not to look in the direction of an open door if he smelled burnt marijuana in that direction. Moreover, he had reason (without entering or specifically examining Platt's bedroom) to ask Platt if Long's charge of theft was true. We might also reasonably suppose that when he first entered the living room and spoke to Long his mental focus was on the reported break-in and theft to which he was responding, not on marijuana. Finding no evidence of the crime he came to investigate
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Some common words found in the essay are:
Officer Jones, Supreme Court, Officer Smith, York Quarles, Harris United, Officer Jones's, Indeed Jones, Frank Platt, Platt Long's, officer jones, Looking Platt's, exclusionary rule, law enforcement, terry search, probable cause, burnt marijuana, officer smith, evidence crime, light bulb, texas law, odor burnt marijuana, law enforcement officer, probable cause believe, cause believe crime, routine traffic stop,
Approximate Word count = 4113
Approximate Pages = 16 (250 words per page)