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Application of Legal Terms: During a Criminal Investigation Terry V. Alston, Sr.

Application of Legal Terms: During a Criminal Investigation Terry V. Alston, Sr. The following scenario provides an opportunity for students to learn how to properly apply the legal concepts which are applicable to a criminal investigation.

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Application of Legal Terms: During a Criminal Investigation Terry V. Alston, Sr.

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  1. Application of Legal Terms: During a Criminal Investigation Terry V. Alston, Sr.

  2. The following scenario provides an opportunity for students to learn how to properly apply the legal concepts which are applicable to a criminal investigation. The terms and concepts are applicable in various situations.

  3. Scenario: You are a police officer. You respond to a vehicular accident. As you pull up to the scene, the driver pushes the car open and begins to exit. You approach the driver and ask if she is okay. She acknowledges that she is okay and you see that she clearly is okay and not in need of medical assistance. The car is damaged and must be towed away. While conversing with her you see - on the driver's seat - a clear baggie of what you recognize as marijuana.

  4. 1. Consider what you must do first - for your safety.

  5. 2. What is the initial mental process that you must apply when you first observe the contraband - in plain view?

  6. 3. Conduct a search of the vehicle and the driver, as allowed by the U.S. Constitution.

  7. 4. What rules of evidence apply in this incident? List them in a logical and sequential order.

  8. 5. Determine the prima facie evidence present at the scene.

  9. 6. You have decided to arrest and charge the driver with possession of a controlled dangerous substance. Who will you take the arrestee to, in order for the individual to be formally charged by the court?

  10. 7. The driver has just been involved in a single- vehicle accident and nearly destroyed her brand new car. Will you write her a citation for the accident?

  11. 8. Will you charge her with DWI?

  12. 9. List all of the charges that you will prefer against her, if any.

  13. 10. If you decide to prefer charges against her, you will prepare charging documents and a Statement of____________ _____________, which explains your reason for preferring charges against the defendant.

  14. References Horton, W. (2006). E-Learning by Design. Pfeiffer & Company. http://www.dpi.state.nd.us/grants/needs.pdf http://alumnus.caltech.edu/~rouda/T2_NA.html

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