People v. Larry Sanchez Mcgaughran

Michelle Le Bars #7918
Criminal Law and Procedures
Professor: T. Lo
Brief.
celestial latitude 22, 2010

THE PEOPLE v. LARRY SANCHEZ McGAUGHRAN
Crim. No. 20293
Supreme Court of California

FACTS: Police officer doubting doubting Thomas of the City of Larkspur, Marin County, was on patrol, when he observed a Plymouth automobile proceeding in the wrong direction on a one way public street. Because of the violation policeman Thomas drove behind the vehicle with is red newsbreak light. He saw the passenger in the front screwing turn around and reach over the back screwing toward the floor. The car then stopped, policeman Thomas explained why he stopped the suspect car, and then asked the defendant and passenger Acosta for identification. defendant explained that he was lost. The discussion took three or four minutes. police officer Thomas returned to his vehicle for check on outstanding checker warrant in both name. 10 minutes posterior dispatcher reported one warrant burglary for defendant and 2 traffic warrants for Acosta. Officer Thomas called for assistance and confirmation of the warrants. Officer Fisher arrive 5 minutes later and the confirmation of warrant 25 minutes later. Defendant was then arrested on burglary warrant.



Acosta was permitted to drive the car to the police blank space preceded by Thomas and followed by Fisher in their respective vehicles. At the station officer Fisher searched under the front seat of defendant car and found a CB RADIO that had been stolen earlier the corresponding day. The present prosecution arises from that burglary.
Issue: whether the period of time during which Thomas thereafter conducted the warrants check on defendant and Acosta was a square detention.
Rules: No. By statute and by constitution. When the officer has realised his duties flowing from violation, no further detention--whether for warrant check or otherwise: Vehicle code section 40504, subdivision (a). sensitive search may violate the Fourth Amendment in its unendurable intensity and scope: Terry v. Ohio,...If you want to get a full essay, order it on our website: Ordercustompaper.com



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