Scenerio Burleigh drives his Jaguar to work every morning and parks in the same location. One morning, as Burleigh is exiting his vehicle, two young men pull him from his car, point a gun at his head, and tell him to lie on the ground. Then they drive away in the car. After they drive away, Burleigh calls the police. Burleigh cannot identify the two men. Pretend that you are the investigating officer who responds to the 911 call.
Review the posts of your fellow learners and respond to at least two. In your response posts, you must do one or more of the following:
Be sure to support your initial post and follow-up posts with scholarly examples from the module readings and additional literature where appropriate. You must cite all references according to APA style.
Classmates # 1 jessica
The crime that was committed was auto theft because they stole the car and aggravated robbery since they had a gun. I would see if the car has a built in GPS to try to locate the car. It is a nicer vehicle so it might have that. I would also look at the cameras they have on the streets by traffic lights. I would see if there were any that could see the men. Now if I locate the vehicle and I can positively identify that it is the stolen car I can seize it without a warrant. I wouldn’t need a warrant because I am just taking the car back but if I wanted to search it I might need a warrant if the owner didn’t give me consent. Some problems police officers face with these types of crimes are that they are not all simple. Not all cars have a GPS in it, and not all streets have the cameras. Usually when a car gets stolen they ditch it or destroy the car. They normally don’t just find them parked in a driveway.
Classmate # 2 David
Burleigh unfortunately fell victim to a horrific crime that happens more often than not. Burleigh was a victim of armed robbery and carjacking. At least one of the two young men were armed with a “dangerous” or “deadly” weapon which was used in the robbery. The use of a firearm during a robbery changes it from simple robbery to armed robbery. The stealing of the jaguar would fall under the carjacking offense which is only a new name for an old crime. “These cases did not fit easily into theft or robbery criminal statutes because the thief often did not intend to keep the car permanently” (Thomas et al, 2015). Creating a new name for theft allows the judicial system to add any additional charges giving the circumstances on how the crime was committed or if the victim was present during the crime.
With today’s technologies there are many different ways that the car could be located if it’s equipped properly. Programs such as OnStar, LowJack, Mobile IQ, and Zoombak are just a few that have been created to track your vehicles if they’re ever stolen (Edmunds, 2009). Each major automotive industry has their own version of tracking system installed into their brand new vehicles and could be activated for a monthly fee. With today’s advancement’s this provides law enforcement a serious advantage in locating stolen vehicles compared to long ago when all they could go off of was a description and license plate number.
If I was an officer on patrol and saw the vehicle located in the driveway, I would have to obtain a warrant before entering the property. Referencing the case Collins v. Virginia “In an 8-to-1 decision, the U.S. Supreme Court ruled Tuesday that police in Virginia violated the Fourth Amendment by walking onto the driveway of home in order to peek under a tarp that was covering a stolen motorcycle, as the Justices decided the officer had run afoul of the Constitution by engaging in a warrantless search” (Dupree, 2018). I would also use that warrant to search the house in hopes of finding the weapon used in the robbery to maximize the opportunity to convict these two individuals to the maximum punishment
Some issues law enforcement officers face like in this scenario would be to overcome obstacles that may prevent or slow down the operation. Waiting on a legal document can be frustrating but definitely necessary in order to allow the state to prosecute them accordingly. Violating the Fourth Amendment will quickly get the case thrown out and allow the criminals back on the street.