Course Work On First Crime

Course Work On First Crime

This assignment is based on a scenario that involves a police officer named Officer Jones, a victim who approaches the officer looking for his help, and a subject that is pursued by Officer Jones in the belief that the subject may have committed a crime against the victim. The following crimes and civil activities could result from the facts offered in the assignment.

The first crime in the scenario is a false report. An example of a false statement statute will be Texas Penal Code § 37.08 (False Are accountable to Peace Officer Or POLICE Employee). The offense is
dedicated if “an individual, with intent to deceive, knowingly would make a false statement that’s content to a criminal investigation and would make the affirmation to a peace officer conducting the investigation or any worker of a police firm that the actor recognizes is certainly conducting the investigation” (Tex. Penal Code § 37.08, 1997). In the situation, the victim built a false affirmation to the authorities officer in reporting the crime dedicated against her as a robbery by an unknown perpetrator, when it had been known by her was basically domestic violence dedicated by her husband.

Next Crime

Another crime in the situation can be an assault. In Texas, assault is certainly governed by Texas Penal Program code § 22.01 (Assault). One way to commit an assault is to “intentionally, knowingly, or lead to bodily problems for another recklessly, like the person’s spouse” (Tex. Penal Code § 22.01, 2005). Because the victim’s shirt was basically soaked with her blood vessels from cuts on her behalf lip and head, and she testifies that an individual does this to her, and there is absolutely no suggestion or data that the harm was self-inflicted, it appears that sun and rain of this crime have already been met.

Third Crime

Resisting arrest is really a third doable crime in this situation. This crime is identified by Texas Penal Program code § 38.03 (Resisting Arrest, Look for or Transportation). The offense is certainly committed by when an individual “intentionally avoids or obstructs an individual he knows is really a peace officer or perhaps a person performing in a peace officer’s occurrence and at his route from effecting an arrest, look for, or transportation of the actor or another through the use of force against the peace officer or another“ (Tex. Penal Code § 38.03, 1993). The subject pursued by Officer Jones in this scenario performed obstruct the officer’s attempts to search him by not necessarily stopping when he had been ordered to do so and by not preserving his hands where they could be seen. However, in line with the recited facts the subject may not have used force in his steps. Specifically, when he was reaching into his front right pocket, it appears he was reaching for his cell phone or perhaps to throw away the drugs and not for a gun, as Officer Jones appears to have believed. As a result, all the elements of this crime may not have been met.

Fourth Crime

A fourth crime in this scenario is drug possession. Chapter 481 of the Texas Safety and Health Program code governs drug offenses in Texas. Drug possession is manufactured a crime by stating a person who isn’t a registrant might not “manufacture, distribute, prescribe, possess, analyze or dispense” a controlled substance in that state (Tex. Health & Safety Code § 481.016, 1997). Registration is governed by Section 481.063 and includes meeting many requirements and submitting an application. Cocaine is within the list of controlled substances (Rosenthal, 2011). In this situation, cocaine was within the possession of the topic getting pursued by Officer Jones in fact it is very likely the topic had not been registered with hawaii. Thus, the elements of the crime have already been met.

Civil Motion

A probable civil action that may be brought is where in fact the subject would declare that Officer Jones seemed to be conducting an unreasonable seizure when he got the actions he did. The 4th Amendment of america Constitution prohibits unreasonable lookup and seizure (U.S. Const., amend. IV). The initial part of this situation consists of whether Officer Jones seemed to be justified in stopping the topic. The subject matter’s attorney would argue that the stop had not been was and justified thus an unlawful seizure. Factors for a justified stop include if (1) the topic appears to unfit enough time or place, (2) matches a description of a known suspect, (3) acts strangely, is looking or loitering for something, (4) is running away or furtive, (5) exists in the crime scene area, or (6) exists in a high-crime area (although this involves another factor beyond loitering) (Rice, 2007).

In this example, the stop could be argued as justified by each one of these factors. First, it really is 2:00 AM thus merely being on the road can be thought to not fit enough time, as most people will be during intercourse asleep then. Set up explanation is fitted by the main topic of the suspect can be an arguable point. The white pants certainly are a key area of the description, however, chances are that the subject’s attorney will argue that the dark shirt isn’t enough for the officer to reasonably think that this is the suspect, because the shirt was described as red. The refusal of the suspect to stop when ordered to do so by Officer Jones can be characterized as acting strangely or furtively. The subject is definitely seen in the crime area and the area is considered high-crime. On the whole, it appears this stop was justified.

A second part of this case would be an argument that Officer used unreasonable force once he had stopped the subject, thus making the officer’s actions an unreasonable seizure. Factors that are considered in determining the amount of force that can be used include (1) how sever the crime is, (2) whether the suspect was an immediate threat to the safety of the officer or others, (3) whether the suspect seemed to be actively resisting arrest or fleeing, (4) any relevant circumstances (Phillips, 2008). In today’s condition, the crime involved seemed to be armed robbery, that is serious, even though suspect did not utilize the gun that the victim mentioned he previously on the victim. You can find arguments that the suspect posed an instantaneous threat to the safety of the officer, because the suspect was achieving into his pants and a belief was got by the officer that the suspect seemed to be armed.

Although it subsequent turned out that the suspect was not not really actively resisting arrest with his actions perhaps, the officer could reasonably own believed that has been the full case once the suspect achieved for his top right pocket. Other relevant circumstances are the known proven fact that the officer shot the suspect in the shoulder, wounding instead of killing him thus. Many of these factors will be considered in whether the use of a gun upon the subject by Officer Jones constituted an unreasonable seizure. Although it does seem the cease was justified, whether or not the use of a gun was affordable force is probably a closer query.

References

Phillips, R. (2008). Use of force. Law Enforcement Legal Update. Retrieved from
http://www.legalupdateonline.com/4th/140
Rice, B. (2007, July). When can the police quit and frisk you on the street? Legalzoom.com. Retrieved from
http://www.legalzoom.com/us-law/privacy/when-can-police-stop
Rosenthal, J. (2011, January 30). A quick manual to Texas drug possession costs. Retrieved from
http://roselawtx.wordpress.com/2011/01/30/a-quick-guide-to-texas-drug-possession-charges/
Tex. Wellness & Safety Code § 481.016, 1997. Retrieved from
http://law.onecle.com/texas/health/481.061.00.html
Tex. Penal Code § 22.01, 2005. Retrieved from
http://law.onecle.com/texas/penal/22.01.00.html
Tex. Penal Code § 37.08, 1997. Retrieved from
http://law.onecle.com/texas/penal/37.08.00.html
Tex. Penal Code § 38.03, 1993. Retrieved from
http://law.onecle.com/texas/penal/38.03.00.html
U.S. Const., amend. IV. Retrieved from
http://www.usconstitution.net/xconst_A

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