The case of Walt White
I will be breaking down and offering opinion on case question #2 involving the traffic stop of Walt White. While my ruling on the case could potentially end the discussion early, I will continue to break down the particulars of the case through the entire scenario.
The original traffic stop of Walt white on July 5th by Officer Tom White.
The traffic stop was justified as Walt White was traveling over the speed limit by 10 miles per hour. Mr. White was able to produce License and registration that matched his name and vehicle. I believe holding him additional 30 minutes due to being unable to verify his license and registration is excessive since there was no probably cause to hold Mr. White. Mr. White should have been issued a traffic ticket and released.
The request to search Mr. White’s Vehicle.
There was no probable cause to request a search of the vehicle. Holding Mr. White and the request to search his vehicle were in my opinion a direct result of profiling. I believe the officer made a judgment based on make and model and appearance of vehicle that he could possibly be a drug trafficker but had no probable cause.
My opinion of no probable cause aside Mr. white did permit a search of his vehicle. Once the permission was granted and the officer began a search and came across a brown paper bag in the back seat and Mr. White instructed the officer not to look in the bag. Probable cause now exists and the officer has every right to search the content of the bag. The search would be protected under the vehicle exclusionary rule of search warrants. Right to revoke would not apply as there is probable cause and vehicle exclusionary rule to protect the search at this point.
Mr. White’s arrest in regards to possession of cocaine.
The arrest was justified as the discovery of the cocaine was due to permission granted for search of the vehicle and subsequent probable cause.
Information given to the officer by Mr. White in regards to the purchase of Cocaine.
Information not admissible due to failure to read Mr. White his Miranda rights.
Application for warrant to search 242 E. Short, Metro City.
The legal process and ins and outs of setting up a controlled buy and taping the conversation in order to obtain a warrant are not legal matter of which I am familiar so I am assuming all dealings in order to obtain the warrant were within the scope of the law. Based on my own opinion that there was not probable cause to request a search of the vehicle which led to the discovery of cocaine and information of where it was purchased I believe an argument could be made that the address could fall under the “fruits of the poison tree doctrine” however I will continue the analysis of the case as if all information were admissible evidence.
The judge had sufficient evident to grant the search warrant based on information provided in the case
Search of the address of 242. E. Short, Metro City
Warrant was obtained on the address so the full search of the residence even by gaining access through an open window is within the law and any evidence would be admissible in court.
Search of the Ford econoline van in the driveway of the residence.
The Search of the vehicle on the property would fall under the vehicle exclusion to a search warrant. While the warrant itself was for the physical address, the keys to the vehicle were in the residence and it is reasonable to assume the vehicle was in operating order and could easily be moved before a warrant could be issued. The fact that the keys were in the residence would provide probable cause that the vehicle could contain evidence of a crime, Instrumentalities of a crime or contraband. The Vehicle would also be considered within the cartilage of the residence thus covered by the search warrant.
The arrest and search of Jake Brown
Assuming the arrest was a legal arrest the officers were within the law to search and identify Jake brown.…