Pollock: Crime & Justice in America, 2th Edition


Case Studies with Questions and Answers

Chapter 06: Policing and the Legal Process

You are a police officer in a large urban city, conducting random patrol in a wealthy residential neighborhood which has witnessed a series of home invasions over the past several months. It has been a fairly calm shift but the entire department is on high alert due to the string of burglaries. From the corner of your eye you see a middle aged African American male entering a home through one of the side windows. The man appeared to be scruffy and wearing clothing that would not match the wealth of this neighborhood. You instantly call for backup and enter the home through the same window. After confronting the individual, it becomes evident that the man is actually the homeowner, who had been locked out of the home. You apologize to the homeowner for entering the home, notifying him of the recent burglaries in the area. The homeowner is ultimately grateful for your actions and realizes how the behavior could have been interpreted as suspicious. Walking to the front door to leave the residence, you notice a small amount of marijuana on the table next to the television. The homeowner admits that the marijuana belongs to him, but asks you to overlook the marijuana under the circumstances. Citing the department's new drug enforcement program, you then inform the homeowner that he is under arrest. After your backup officer arrives, you both conduct a thorough search of the entire home, discovering an additional small amount of cocaine in the bedroom and an unregistered firearm. The homeowner is then charged with both drug counts and the unregistered firearm.

Questions

  1. Should the officer have entered the home without a warrant?
  2. Correct Answer

    The police officer had the legal authority to enter the home, as the officer had probable cause to believe the home was being burglarized. In these exigent circumstances, a warrant is not required.

  3. Did the officer have the legal authority to seize the drugs?
  4. Correct Answer

    Yes. The officer had the legal authority to be in the home, and the drugs were visible in plain view.

  5. Did the officer use racial profiling in this case to unlawfully determine that the man was not the homeowner?

    Correct Answer

    The officer in this case did not use race as the primary factor in his decision to investigate the man's suspicious behavior.

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