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M. Kennedy
M. Kennedy, Advanced Degree
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Experience:  Degree in Science, BA--Soc.Studies, 15 yrs. exp--Gov't work
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Law Enforcement Scenario

Resolved Question:

Law Enforcement Scenario

Ethical Issue: Law Enforcement

Officer Nixon, a 20-year veteran, and Officer Rook, who has been on the force for less than a year, respond to a reported domestic violence call. When they get there, they observe a man staggering up the walkway to the residence. He drops something and bends down to pick it up. The officers notice that the man is holding what appears to be a set of car keys. They see him put the item in his pocket before he reaches the front door. As the officers park their vehicle, the man opens the door and enters the residence.

The two officers exit their vehicle and approach the front door. The only car on the street is a blue station wagon. Officer Nixon touches the hood of the station wagon and discovers it is still warm to the touch. Before they reach the door, a woman opens it and greets them. She tells the police that she called them because she and her husband had a verbal argument, and when her husband left the house, she started to worry about him. Now that he is home, she states, she no longer needs their services. She denies being hit—despite the dispatcher’s indications to the contrary. No injuries are visible.

The husband joins his wife at the door, and the police ask him some questions to corroborate his wife’s story. The police notice that he is slurring his words and has other objective symptoms of intoxication. They ask the man if he had been driving. The husband and wife exchange nervous glances, and the wife says that he has not. The husband then tells the officer that he went for a walk around the block to cool off.

The couple admits that they only own one vehicle, and it is the blue station wagon parked on the street in front of the residence. The wife states that she has not driven the car all day. The husband states that he parked the car there when he returned home from work 4 hours ago. They ask him to empty his pockets. In his front pocket, there are a set of keys. He tells the officers that he put the keys in his pocket when he came home from work and he has not taken them out since.

The husband fails to perform satisfactorily when field sobriety tests are administered. A preliminary alcohol-screening device reveals that the husband’s blood alcohol level is .20, twice the legal limit. In this jurisdiction, to arrest someone for a misdemeanor charge of driving while under the influence, the police must actually observe the individual driving the vehicle. If the individual is not observed driving, the conviction will be thrown out.

Based on his training and experience, Officer Nixon is convinced that the husband was driving the car immediately before they pulled up to the residence. To arrest for domestic violence, the officers must either observe an assault or the victim must have visible injuries.

What should the officers do?

I have an ethical worksheet that needs to be filled out based on this scenario but I can not upload it here. Please email me and I will reply with the worksheet.
Submitted: 2 years ago.
Category: Homework
Expert:  Research Expert replied 2 years ago.
Based on what you posted, there are no grounds for an immediate arrest.

They officers can file a report and a request for warrant based on the circumstantial evidence that the husband may have been DUI, but you wrote they cannot arrest for that unless they saw it.

If DUI is a felony in this jurisdiction, they could arrest him, but the case is not very strong.
Research Expert, Lawyer
Category: Homework
Satisfied Customers: 8154
Experience: UC Berkeley graduate, Hasting Law graduate, attended Graduate Theological Union before law school
Research Expert and 5 other Homework Specialists are ready to help you
Customer: replied 2 years ago.
There is a work sheet that has to be completed based on this scenario. Give me a minute I'll attach a link.
Expert:  Research Expert replied 2 years ago.
OK
Customer: replied 2 years ago.
http://www.mediafire.com/?ny2p2yf0ddxaia7

I have another assignment I just posted "attorney client" if ur interested.
Expert:  Research Expert replied 2 years ago.
The link you posted does not relate to the question I just addressed. It's about what do we do with the drunken lawyer, not arrest powers.
Customer: replied 2 years ago.

Attachment: 2011-12-10_092828_cja324r3_ethical_worksheet_example1.doc

how can i attach it here?
Expert:  Research Expert replied 2 years ago.
Attachments are attached using the paper clip icon.

The one you just attached is the same one about the drunken lawyer, not power to arrest.
Customer: replied 2 years ago.
Customer: replied 2 years ago.

this should be the correct one.

Expert:  Research Expert replied 2 years ago.
I need to sleep on this.
Customer: replied 2 years ago.
Ok good night
Expert:  Research Expert replied 2 years ago.
I'm sorry but I do not have the time to do the worksheet; have to go to town today.

I will opt out and see if anyone else want to tackle it.

Customer: replied 2 years ago.
Ok how about the other assignment.
Expert:  Research Expert replied 2 years ago.
Thank you for accepting my answer. I'll check the web site when I get back from town.
Customer: replied 2 years ago.
I hit accept by accident u said u opt out for this assignment .
Expert:  Research Expert replied 2 years ago.
OK, I'll put in a refund request.
Customer: replied 2 years ago.
Ty can u complete the Attorney Client assignment ?
Expert:  Research Expert replied 2 years ago.
I'm sorry I'm not an Expert in the Writing category so I cannot respond to that one.
Customer: replied 2 years ago.
how do i take it out of the writing category? It is a assignment about Law.
Expert:  Research Expert replied 2 years ago.
I just asked JA to move it over to the Legal category.
Customer: replied 2 years ago.
Ty
Expert:  M. Kennedy replied 2 years ago.

Law Enforcement Scenario

I worked very hard on this and tried to follow the worksheet. I don't have access to the standards as in the example, but the facts are right on. I hope this is acceptable.

Customer: replied 2 years ago.
I appreciate all the hard work but on the questions that you responded "yes" or "no" too please elaborate how you came to that conclusions. The instructor clearly stated if we just give yes and no answers he will not give points for those questions.
Expert:  M. Kennedy replied 2 years ago.

The example had yes and no with no explanation in some places. But I will try to elaborate.

Customer: replied 2 years ago.
Ty so much I promise a bonus:)
Expert:  M. Kennedy replied 2 years ago.

Instructors make me mad! URGGG!!

Law Enforcement

Customer: replied 2 years ago.
After the second questions its hard to follow. The words shift so I can' follow it.
Customer: replied 2 years ago.
Maybe you can copy and paste it here because I can not open your file on my laptop but it opens on the iPad but the words shift.
Expert:  M. Kennedy replied 2 years ago.

Sure, sorry. I went offline and didn't see your post until now.



Law Enforcement Scenario



Ethical Issue: Law Enforcement







1.
What is the ethical issue or problem? Identify the issue.





The two police officers are the
moral agents. The problem is that although
the officers are convinced the man was driving and there was likely a domestic
violence situation, the requirements of the law have not been met which would
allow the officers to make an arrest on either charge.





2.
What are the most
important facts? What facts have the
most bearing on the ethical decisions presented? Include any important potential economic,
social, or political pressures, and exclude inconsequential facts.





Officers Nixon and Rook were
dispatched on a domestic violence call.
From all appearances, when they arrive, the husband had been driving and
the wife had called the police about domestic violence. In this jurisdiction, however, a DUI can be
charged only if the police actually observe the person driving, and neither
officer witnessed husband driving. Also,
to make an arrest for domestic violence, the officers must have witnessed the
assault or notice visible marks, and neither of these things happened
either. No arrest can be made on either
charge. If there were an arrest on
either charge, they would be thrown out.





3.
Identify each claimant
who has an interest in the outcome of this ethical issue. From the perspective of the moral agent-the individual
contemplating an ethical course of action-what obligation is owed to the
claimant? Why?





Claimant Obligation Perspective







Husband Protect and Serve The
husband would prefer not to be arrested and
that the police would follow the law to the



letter
on either matter.





Wife Protect and Serve The wife may have been upset when she called



But now wants to forget the domestic assault she
reported and also denies her husband was



Driving.
She wants no arrest, but may be frightened. If she has no marks, the police really
do not have a choice.





Society Justice Some
may say that the DUI was obvious, as



was the domestic
assault, but the law has specific requirements and the law enforcement officers
are not making laws, but only enforcing the ones the legislature has
passed. The elements are not there for
an arrest either charge.























4.
What are two alternatives for this scenario.
One can be a wild card that you ordinarily may not consider because of
potential implications. Both should be
within free will and control of the same moral agent.







Alternative A. The officers could go ahead and arrest
husband for domestic violence and for the DUI based on their best judgment and
what they have observed through their
experience and education. You do not
always have to go by the letter of the law.





Alternative B. The officers could
speak to the wife alone and find out more information about the alleged
assault. Perhaps alone, she would have
shown them some marks, or something. They could also have arrested husband for
public intoxication since they observed him outside in public and his BAC was
twice the legal limit.







A.
Best case scenario: Husband goes to jail. He pleads guilty, is found guilty, or agrees
to a plea agreement. She is safe for the
night.







Worst
case: Both charges tossed. Officers
chewed out.







B.
Best case scenario: He
goes to jail for public intox. She is safe. He learns his lesson maybe.





Worst
case: He doesn't get convicted.







Will
Anyone Be Harmed.





A.
Yes, in a way. The facts do no fit the requirements for an arrest
and it would be wrong. It would be an injustice.







B.
Husband harmed in a
way, by being arrested.









A.
Professional values would be compromised if
Alternative A were followed. It would be arresting someone without following
the law. (I don't have access to those standards)



B.
No. professional values would not be
compromised.







A.
Not really.



B.
Public Intoxication law (I'm sure there is one)







6. On worksheet



A. No, because it is not legal.



B. Yes because he was intoxicated.





A.
Yes, using the husband's alleged acts to make
arrests.



B.
No it does not use anyone.





A.
Yes. Although not a good plan, no vested
interests



B.
Yes, a good plan and no vested interests or
ulterior motives.





A.
Yes, concern for wife and public



B.
Yes, concern for wife and public





Guidelines based on consequences





A.
No, too much potential harm-injustice.



B.
Possibly, harm when he gets out of jail.







A.
No, they are the only actors here.



B.
No, they are the only actors here.





A.
Possibly the husband



B.
No, he will be legally arrested.





A.
Not based on moral agents ego



B.
Not based on moral agents ego







A. did not choose this one.



B. Greatest benefit for public and
wife







Choose to proceed...





I would choose Alternative B. At least his drinking would be addressed, and
the wife would be safe for the night. He
would likely be considered publicly intoxicated by the law and it may be a lesson
for him. The officers would be doing the
right thing.



M. Kennedy, Advanced Degree
Category: Homework
Satisfied Customers: 6005
Experience: Degree in Science, BA--Soc.Studies, 15 yrs. exp--Gov't work
M. Kennedy and 5 other Homework Specialists are ready to help you
Customer: replied 2 years ago.
Can u please help me with my prosecutor worksheet assignment I posted?
Expert:  M. Kennedy replied 2 years ago.

Hello,

 

I will find the thread, and if another expert has not taken it, I will get it done for you.

Customer: replied 2 years ago.
Ty its the same worksheet like the one u did b4 ethical worksheet but from the prosecutors point of view.
Customer: replied 2 years ago.
Will u have the worksheet ready tonight?
Customer: replied 2 years ago.
The assignment is dated 12/14 and the title is Prosecutors ScenarioEthical Issue: Prosecutors Officers
Expert:  M. Kennedy replied 2 years ago.
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M. Kennedy, Advanced Degree
Category: Homework
Satisfied Customers: 6005
Experience: Degree in Science, BA--Soc.Studies, 15 yrs. exp--Gov't work
M. Kennedy and 5 other Homework Specialists are ready to help you

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