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Posted: June 28th, 2022
You are a state court judge (in a jurisdiction which has not legalized marijuana) who has been presented with the following facts. A criminal defendant was stopped by police after an officer observed him speeding. A computer check showed that the man had an outstanding misdemeanor warrant for his arrest. While he was being arrested, a Marijuana joint fell from his pocket. The officer searched his car and found additional illegal drugs. The warrant information was subsequently discovered to be inaccurate in the computer system - it had been dismissed. The defendant files a motion to suppress the drug evidence.
In a 2 page essay, describe how you would rule on this motion. Please explain with supporting reasons. Be sure to city any outside sources in your work and follow APA guidelines
Do not write an argument about legalizing Marijuana or how it has been legalized in some jurisdictions.
Legal Judgement
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Legal judgement on a warrant of arrest and possession of marijuana
The suspect was overspending and had an outstanding warrant misdemeanour for his arrest. Over speeding is illegal, and therefore, the suspect had committed an offence. However, the suspect was arrested after the computer had carried out a check and realized that had outstanding warrant misdemeanour. Therefore, the suspect was supposed to be charged with this offence, and since it was later realized that the warrant information that was obtained was incorrect, these charges need to be dropped, and the suspect should be set free. However, as the civil defendant was being arrested, marijuana joint fell from his pockets, and upon further search by the officers, they found that the suspect had additional of the illegal drugs.
The suspect had violated the law by being in possession of an illegal drug, and therefore, he is supposed to held liable for his actions (Brown, 2016). All the citizens should understand the law of their country, and thus they should follow it to the latter. Any citizen who will have been found to have violated any of the jurisdictions laws and regulation should be punished accordingly. Therefore, the suspect should be given a jail sentence as stipulated in the laws of the jurisdiction.
The suspect had been initially arrested after inaccurate information had been generated by the computer check. Despite the information being inaccurate, the police unearthed another crime where the suspect was found to be in posse ion of an illegal drug. The work of law enforcing agencies is to ensure that all the citizens abide and follow the law as required (Citron, 2006). In most instances, suspects will try to conceal their crimes, and therefore, it is not easy for the law enforcing agencies to detect their crimes. Thus, any method that is used by the law enforcing agencies is deemed to be acceptable as long as it ensures that law and order have been maintained.
Police have the right to arrest and detain any person who they think is a threat to public security until it has been proved otherwise. Therefore, arresting and detaining the suspect is lawful as they were arresting someone based on the information that had been generated by the computer checks. It is the responsibility of the defendant to prove that the information generated by the computer is inaccurate and the warrant had been dismissed so that he can be released. However, the defendant failed to prove so, and he was found in possession of an illegal substance.
Since the defendant wants to suppress the drug charges as he was arrested based on wrong information that had been generated by the computer after conducting some checks. However, it is not possible to withdraw drug charges since having marijuana is illegal, and thus, a crime. The suspect ought to have read the constitution and should be aware that being in possession of an illegal drug is a crime, and the law enforcing agencies should use all the means at their disposal to ensure that the law has been followed. Therefore, the suspect should be jailed according to the terms that have been set by the jurisdiction. However, it is important to note that the suspect has a right to file the case of unlawful arrest as he was arrested based on wrong information that had been generated by the computer checks. However, this case will not be effective since the suspect had already committed an offence of being in possession of drugs and thus warranting arrest.
References
Brown, G. (2016). The Danger of Not Following Police Orders When Approached. ABNF Journal, 27(4).
Citron, D. K. (2006). Reservoirs of danger: The evolution of public and private law at the dawn of the information age. S. Cal. L. Rev., 80, 241.
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