The Personal Thoughts of officer Smith, in Regards to the Term “those People”

Unit 2 Assignment

Dawn D. Poirier

Kaplan University – CJ216

May 05, 2015

The personal thoughts of Officer Smith, in regards to the term “those people”, in my opinion, had no influence on her decision making during the duration of the stop, nor in any activities she was a participant in after the initial stop. The case involving Officer Smith was within legal parameters throughout its entirety. It presented evidence of reasonable suspicion, probable cause, exigent circumstances and inadvertent discovery – all at the relevant points they were legally required to be present throughout the duration of the incident.

 Officer Smith, in my opinion, had reasonable suspicion to conduct the traffic stop. In Terry v. Ohio, the Supreme Court recognized that not all interactions between police and citizens involve intrusions serious enough to trigger the full probable cause standard. The Court held that in situations where the police have specific and articulable grounds that provide them with reasonable suspicion that criminal activity is afoot, they may briefly detain an individual for questioning. Because the taillight appeared to be busted, and because a vehicle matching this general description was seen involved in an earlier crime, Officer Smith had reasonable suspicion.

Officer Smith conducted a Terry frisk - which requires a reasonable suspicion the suspect is armed. Again since the vehicle matched the description of one used in an earlier crime, Officer Smith had a right to pat down the suspect for his own safety. In addition to this, it is my opinion that Officer Smith had a right to frisk the suspect to ensure the safety of others as well as himself – i.e. civilians, innocent bystanders, passing motorists. If the suspect was the same as the one involved in the aforementioned crime, then there is no telling how far the suspect is willing to go in order to try and get away. Had the officer not frisked the suspect, he then carried the chance of being responsible for any casualties that may have resulted from the suspect being armed and lashing out irrationally. Not only was the frisking legal, it was wise as well.

Officer Smith was within the guidelines of the law when pursuing the suspect. Exigent circumstances exist when: the police are in hot pursuit of a suspect who is possibly involved in criminal activities and in the process of fleeing. ("Exigent Circumstances") 

Because the chase gave way after being asked for documentation and after Officer Smith noted the vehicles description matching that of a vehicle involved in an earlier crime. This is a circumstance that would cause a person to believe that entry was necessary to prevent physical harm to the officers or other persons. (The Lectric Law library,1995-2011)