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Officer struble pulled him over for the violation, questioned him, ran a check on his license and registration, and gave him a warning ticket.

by | Sep 21, 2022 | Other

 

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Instructions:
By the end of day Wednesday (11:59 pm) post one substantial, well-constructed contribution. The post should clearly state your position, include supporting evidence from the case study, and appropriately apply concepts from the reading assignments.
This initial post should be at least 200 words and not more than 300 words in length. The quality of the content will be more important than the number of words, but your post must meet the minimum word requirement to receive credit.
By the end of the day Saturday (11:59 pm) make at least two meaningful replies (not to exceed 150 words each) to other students’ responses. Replies should be thoughtful and push the conversation forward, not simply agree, disagree or restate the post.
Continue to monitor the discussion board and engage with students who comment on your posts.
Indicate the posts that you feel best address the question by liking them.
Contribute to the learning community by positively engaging and challenging each other.
Use proper grammar, spelling and punctuation.
Always be professional.
Grading:
Grading will be based upon the attached rubric. (Click on the link with the three dots at the top right of the page to show the rubric.)
The initial post will be worth a maximum of 25 points, your responses and engagement with other students’ posts will be worth a maximum of 22 points, and 3 points will be awarded for grammar, for a total maximum of 40 points for this assignment.
Since active participation is critical to this online discussion, no credit will be given for late submissions.
Background Story:
Driving on a highway after midnight, Dennys Rodriguez swerved onto the shoulder of the highway which is a violation of the law. Officer Struble pulled him over for the violation, questioned him, ran a check on his license and registration, and gave him a warning ticket.
After going over the warning ticket and returning Dennys’ license and registration, Officer Struble asked if he could walk his police dog around Dennys’ car. Dennys said no. Then Officer Struble asked Dennys to exit the vehicle and walked his dog around the car twice. The dog discovered the presence of drugs. Officer Struble searched the vehicle and found methamphetamine, an illegal drug. Dennys was arrested and the car was impounded.
At his trial Dennys argues that the dog sniff was illegal for two reasons:
1. Officer Struble conducted a stop and frisk after the traffic stop was over. The traffic stop was reasonable and done to protect highway safety. Conducting a drug sniff by a dog after the completion of the traffic stop was not warranted and is done for another purpose – to detect other crimes.
2. For a search to be legal, police must have a good reason to suspect a specific criminal activity, which Struble did not have.
The prosecutor argued the dog sniff was legal based on the following:
1. The fact the driver swerved off the road was a suspicious action. It could have resulted from the driver being tired, drunk, or high on drugs. Thus the dog sniff was warranted.
2. The dog sniff took only a few minutes which was not an unreasonable burden to the driver and did not measurably extend the duration of the stop.
Both the trial court and the appellate court agreed with the prosecutor. However, Justice Ginsberg, speaking for the majority opinion of the Supreme Court, returned the case back to the lower court for reconsideration.
Issue: Was the dog sniff search legal?
Requirements:
After reading the background story formulate your position on the above-stated issue. Post your position supported by your reasoning. Then respond to two other posts by classmates. You may want to refresh your memory of the related law by reading Chapter 6-1c Gathering Evidence: The Fourth Amendment.

 

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