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24-7-custom-writing-serviceLegal Analysis-Facts

Legal Analysis

 

Facts

While patrolling near a laundromat where a string of thefts from coin-operated washers and dryers had occurred, Officer noticed Defendant crouched facing a washer and holding a screwdriver. Officer observed Defendant look around as if to make sure no one was watching and then position the screwdriver near the machine's coin box. Based on Officer's knowledge of the recent thefts and his observation of the Defendant's furtive movements and action with the screwdriver, the Officer approached the Defendant to execute a "Terry stop." When Defendant noticed Officer approaching, she ran toward a bathroom. Officer pursued Defendant into the bathroom and observed her attempt to shove a pillowcase inside a trashcan, whereupon Officer heard the sound of clinking coins. Officer commanded the Defendant to exit the bathroom and stand against a wall. Defendant exited the bathroom and dropped the pillowcase into a laundry cart. As the Defendant attempted to run outside, Officer subdued her and told her she was under arrest. Moments later Officer retrieved the pillowcase, looked inside, and discovered stolen coins. Defendant is now on trial for theft, and her lawyer seeks to exclude the coins claiming that Defendant was under arrest at the point when Officer commanded her to exit the bathroom and stand against the wall, but that Officer lacked probable cause to arrest Defendant at that point, and therefore the coins are the fruit of an unreasonable arrest. The Lawyer also claims that the supposed search of the pillowcase was unreasonable without a warrant.

Issues

Whether Officer lacked probable cause to arrest Defendant  when he told her to exit the bathroom and stand against the wall, hence rendering the coins the fruit of an unreasonable arrest

Whether Officer’s “search” of the pillowcase was unreasonable without a warrant................GET A PLAGIARISM FREE COPY