Review the following cases Brendin v. California Link (Links to an external site.), Hiibel v. Nevada Link (Links to an external site.) and Arizona v. Johnson Link. (Links to an external site.)Focus on vehicle passengers detention, reasonable suspicion and identification requirements. Review the following scenario then discuss the questions.
You are an officer on routine patrol and observe a vehicle with an air freshener hanging from the rear view mirror. You determine it is violation of the vehicle code and make a traffic stop. You approach the vehicle and observe the driver and male passenger in the front seat, and two female passengers in the back seat. Additionally, you smell the odor of an alcoholic beverage emitting from the vehicle, however the driver is not under the influence. Both male occupants appear to be in their late 20’s, however in your opinion both female occupants appear to be under 21. You obtain the driver’s identification based on the vehicle code violation (probable cause), and you demand all three passengers provide their identification.
Based on your readings of case law, discuss the following questions;
1. Are the passengers considered seized(not free to leave) during a traffic stop? Explain.
2. Would the officer be allowed (4th Amendment) to demand identification from none, all or just some of the passenger?
|Answer the questions below from the textbook or/and other sources. Ensure to utilizing the formatting examples provided. Your responses to these questions should be typed, 12 point font with your response for each question no longer than 150 words in length. Double-spacing requirements do apply, and you must cite any sources used in your responses.|
1. What are the three elements fundamental aspects of crime? How is each central to
the concept of crime?
2. What is meant by the term actus reus? What are the basic elements of actus reus?
3. What is meant by the term mens rea? What are the two forms of mens rea recognized by common law. Explain both.
4. What is strict liability? Describe crimes that would be strict liability crimes and why?
5. The Model Penal Code divides criminal intent into four states of mind. List and describe the four?
6. What is Transferred Intent? Explain in detail with an example.
7. What is Causation of Fact? Explain in detail with an example.
8. What is Legal causation. Explain in detail with an example.
This week, please complete each of the following:
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