Because apprehending criminals is involved in crime prevention and detection, another reason courts have allowed a Terry Stop to be performed is to prevent suspects from fleeing and never finding them again or for them to remain at large while posing a threat to the public. The Supreme Court reasoned that where “police have been unable to locate a person suspected of involvement in a past crime, the ability to briefly stop that person, ask questions, or check identification in the absence of probable cause promotes the strong government interest in solving crimes and bringing offenders to justice.” Id. at 229.
Second, another factor the court should weigh when looking at the government’s interest in public safety is “nature” of the offense.United States v. Grigg, 498 F.3d 1070, 1078 (9th Cir. 2007).Public safety is related to the nature of the offe...
... middle of paper ...
...ed. (R. at 10:6.) In addition, the Defendant was not pulled over until April 2nd after 12pm, which was at least a day and a half since the possible computer trespass had occurred. (R. at 11:7.) Also, in this case, the misdemeanor crime of computer trespass is not threatening to anyone’s safety, and if the information has already been obtained, it is unlikely the suspect will repeat the offense or that the offense will escalate.
There were also less invasive alternatives that would have better served Dansby’s personal interest like there were in Grigg, such as running the license plate and contacting the person registered to the vehicle. SeeGrigg, 498 F.3d at 1076. Therefore, the initial stop of the Defendant violated the Fourth Amendment because the stop would not have promoted the government’s interest enough to justify violating the Defendant’s individual liberty.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- First, one factor that the court should weigh when looking at the government’s interest in public safety is “crime prevention and detection.” United States v. Hensley, 469 U.S. 221, 228 (1985). Crime prevention and detection is directly related to public safety because when crime is detected, it can be prevented by apprehending criminals and getting dangerous criminals off the street.The interest in capturing criminals is “particularly strong when the criminal activity involves a threat to public safety.” United States v.... [tags: public safety, criminal activity]
903 words (2.6 pages)
- There is usually shock and disbelief when fraud is discovered in a corporation. Fraud is a very general term that refers to the deliberate deception to secure an unfair or unlawful gain. Fraud involves a theft that the perpetrator often tries to conceal (Farrell and Franco 1999). The perpetrator then attempts to transfer the stolen assets or resources into personal assets or resources (Farrell and Franco 1999). In general, financial fraud is made up of four broad categories consisting of fraudulent financial reporting, misappropriation of assets, expenditures and liabilities for inappropriate intentions, and fraudulently obtained revenues and assets that include avoided costs and expenses (P... [tags: Crime ]
1724 words (4.9 pages)
- Role Conflict: How It Impacts US Law Enforcement Today 1 Role conflict is a hot topic frequently discussed by scholars in the law enforcement field today. Many articles have been written in regard to the subject and it is taught to law enforcement students in order to spread awareness and to promote thinking about the possible answers. Understanding role conflict is important to the law enforcement field because there is confusion among society about what exactly the most important job a police officer has today should be.... [tags: Police, Constable, Crime prevention]
1223 words (3.5 pages)
- For over 20 years, white collar crime researchers have empirically demonstrated that white collar crime is under-represented in the criminological and criminal justice literature relative to traditional street crimes (McGurrin, Jarrell, Jahn, and Cochrane, 2013; Yeager, 2008; Chibe, 2006; Podgor, 2007; Richman, 2013). Despite overwhelming data demonstrating the, higher injuries, illnesses, and larger economic losses caused by white collar crimes the disciplines of criminology and criminal justice have focused their research on conventional crimes resulting in a sizeable imbalance between white collar and traditional crime representation in the criminological literature (McGurrin, Jarrell, Ja... [tags: Crime, Criminology, Criminal justice, Theft]
1510 words (4.3 pages)
- Crime Evaluation and Prevention Crime Prevention LaBrittani Poole-James 9/22/17 Grambling State University Abstract Evaluation and crime prevention is to discuss problems and effective solutions that will be successful. The different types of evaluations will be discussed. Also discussed is a concern involving evaluation. The goal is to give the importance of evaluation in crime prevention. Physical environment and crime discusses the beginning of modern day crime prevention and its origin beginning in the 1950’s.... [tags: Crime, Crime prevention, Criminology]
1283 words (3.7 pages)
- Situational crime prevention is an idea criminologists use in order to reduce the chances of crime initially taking place. This theory does not aim to punish criminals after the crime has taken place like the criminal justice system does, but however the opposite, it aims to reduce the chances of the crime taking place to start with. Ron Clarke (2005) describes this theory as an approach that aims to reduce the opportunities out there for crime, involving rational choice theory. Clark focuses on three methods within this theory, directing at specific crimes, altering the environment we live in and aiming to reduce the benefits of committing crimes.... [tags: Crime, Criminology, Crime prevention]
1557 words (4.4 pages)
- Crime Prevention PeeJay Nowling Argosy University Online Crime Prevention To keep the community safe crime prevention must be on a continuous basis and something law enforcement personnel and police keep on top of. It should include the community and the citizens of the community to help get the message out there to keep the society safer. There have been many crime prevention strategies tested and some that proved to work and others that failed miserably. The strategies that fail can be used to rethink and utilize how things may be done differently in the future and what and what does not work in what areas.... [tags: Crime, Criminology, Crime prevention, Police]
720 words (2.1 pages)
- The National Crime Prevention Council, founded in 1982 to inform people of crime prevention. Crime prevention and Criminology go back to back with each other (National Crime Prevention Council, n.d.). We have to study why people commit crime in order to help prevent it from happening. This helps people who try to help prevent crime understand why it is being committed. The basic understanding of crime has been vastly improved over the past few years and is still growing even more day by day. First, we must understand the two different subjects.... [tags: Crime, Criminology, Crime prevention]
832 words (2.4 pages)
- There is an attempt in criminology to find an all-encompassing theory of crime in order to develop a more scientific approach to crime. This means that a universal theory of crime must be devised. This would give criminology the status of science. Thus, criminology has borrowed and further developed the concept of rational choice from the areas of economics and sociology as a background theory for situational crime prevention (Clarke, 1992). This of course, has sparked a debate among criminologists as to whether rational choice offers a complete explanation of all kinds of crime or its validity is reduced when dealing with crimes of anger, hostility and excitement (Farrell, 2010).... [tags: Crime Prevention Essays]
2842 words (8.1 pages)
- In this question there are several points to consider. Firstly there is the opening sentence. Does it mean that we are either not catching villains, or when they are being caught, the judiciary are not imposing custodial sentences and therefore they are back on the streets committing more and more crime. When dissected and taken apart the gripping headline that appeared in the Daily Express means nothing of the sort. It is merely an eye catcher that will draw people’s attention to the article. What the article is actually saying is that although the crime figures in some Police forces in England and Wales has only risen slightly the detection or clear up rate has actually fallen, this is du... [tags: essays research papers]
996 words (2.8 pages)