law homework

You Decide #3

Please use the “Chapter 5 Decision Tree” as a reference. It is imperative that I see a complete analysis. Please explain your response, including any terminology, theories, doctrines and rationales. Utilize cases we’ve discussed and concepts we’ve explored thus far, as applicable. I have attached a grading rubric to demonstrate my expectations.

Articulation is paramount in these scenarios. Use the decision tree as a guide to thoroughly analyze these scenarios. Imagine yourself in the position of a judge, writing an opinion to support or critique the actions taken. Be thoughtful in your response, write with eloquence, explain your analysis in detail with all the appropriate foundation of definitions and case precedent references.

1. An observant police officer was on foot patrol and noticed a suspicious person standing at the counter in a convenience store. The person, who had one hand in his coat pocket appeared to be carrying on a conversation with the clerk, who was reaching into the cash register and appeared to be very nervous. On a hunch that she was witnessing a robbery in progress, the officer quickly entered the store, surprised the person talking to the clerk, arrested him, and upon searching him incident to the arrest, found a handgun in his coat pocket. His attorney moved to suppress the handgun on the ground that the police officer did not have probable cause to arrest. Are there grounds to mount a 4th Amendment challenge to the police officer’s actions?

1. Federal drug agents had probable cause to arrest John Crook. They knew he was staying at the local motel, but they did not know what room he was in. The agents asked hotel personnel to supply the room number, which they did, and then the agents went to that room. Standing in the hall, one of the agents identified himself to a housekeeping employee and asked him to knock on the door of the room and check whether anyone was in it. The employee knocked and called out “Housekeeping”. Crook opened the door. The agents recognized him immediately, at which point one of the agents drew his weapon, pointed it at Crook, and ordered him to raise his hands. Crook immediately raised his hands and said to the agents, “I won’t give you guys any trouble. I’ve got a gun in my right pocket.” Both agents with their weapons drawn, entered the room. Crook’s gun was removed, and he was advised that he was under arrest. Are there grounds to mount a 4th Amendment challenge to the seizure/arrest?