Special Needs Rule Criminal Evidence Essay
Sorry, but copying text is forbidden on this website!
This week we were giving the following scenario and ask to decide if this incident follows in the “special needs” rule and if it justify the officer’s search of the parked car’s trunk without probable cause? In this essay I will be discussing the special needs rule and my thoughts on the scenario.
First of all let me start by giving the scenario we were given to work on this week that way you have a better idea of what’s going on.
A police officer was investigating a burglary during which a handgun had been stolen. The police officer was at the time also acting as the police advisor to a high school. School officials called the officer and told him that the gun might be in the trunk of a student’s car parked in the school parking lot.
Next let me explain the special needs rule that way you have a clear understanding of what it means.
This is when an officer feels that he or someone else is in danger and must satisfy a government interest beyond ordinary criminal wrong doing. Just so you understand what it means here an example .A officer goes to a call for domestic dispute and other people in house start acting sapience and he spots a gun near one of the resident’s then he may search house and retained everyone till the house is cleared for his safety and other.
In the above scenario I believe the officer has full rights to search the said vehicle do to the facts as listed. The first cause would be guns are not permitted on school grounds and I believe it his duty to see to it that it not goanna be used to commit a crime against students on campus. Last of all I believe no student should have a gun in a vehicle without being legal age and having proper carriage licenses. I believe that the officer has all right to believe that there is a crime is being committed if said school officials have proof that there is cause to believe student has gun.
My personal thoughts if this officer was made aware and didn’t check it out as a parent I would be upset. For several reason but mostly due to fact that he could have put mine and other children in harm’s way. I believe it always better to be safe than sorry due to how bad the school shootings have got. I feel if we could get guns out of our kids hands then we should and authorizes should help.
Well now that this is said I hope you find my points and thought to be helpful and honest. I have really enjoyed learning about this special need rule and believe that officer have become so afraid of being wrong that they don’t exercise this rule enough. As a officer wife I know I would rather my husband be safe and keep his oath to protect than to have a guilty conscience’s.
Reference’s that I found useful:
4. I also talk with Officer Luke Denning of Springfield Police Department of Springfield, FL