Law question
Officer Landonio is now on the drug task force. He and three other officers have to serve a search warrant regarding a stolen 50-inch plasma television set. He serves the search warrant and walks into the residence with the three officers. Sitting on the coffee table is a variety of narcotics, both prescription and illegal. What are his options at this time? During the search, one officer opens a kitchen cabinet and finds a kilogram of cocaine. Can Officer Landonio take this as evidence and arrest the residents? Why or why not? What would be the next step in this process? Check the laws in a U.S. state of your choosing and the requirements of arrest warrants. Be sure to use references and citations in your material. Assignment Guidelines
Address the following in 3–5 pages:
· Can Officer Landonio take the cocaine as evidence? Why or why not?
· Assuming that the residents of the dwelling are present, what are Officer Landonio's options upon finding the prescribed and illegal narcotics on the table? Explain.
· What actions will he be required to take by law? Explain.
· You will need to fabricate the details or at least address multiple possibilities for this case.
· How does discretion come into play in this case?
· How can nonresidents present in the dwelling be handled? Explain.
· With what can they be charged if arrested? Explain.
· If the residents are arrested, what are the next steps in the process? Explain.
· Can drug courts come into play regarding this case? Why or why not?
· Typically, when will drug law offenders be fined, and when will they be incarcerated? Explain.
Sample Solution
How might the outcome of this case differ if it took place in a different U.S. state? Can Officer Landonio take the cocaine as evidence? Why or why not? Yes, Officer Landonio can take the cocaine as evidence because he is serving a search warrant regarding a stolen 50-inch plasma television set. The search warrant gives him and his fellow officers the legal authority to search for any items that may be related to the theft, including drugs and drug paraphernalia. Therefore, under most applicable laws in U.S. states, Officer Landonio would be able to collect any incriminating evidence found during his search of the residence and use it against any individuals present when such evidence was taken (Hoffman & Johnson, 2020).
Assuming that the residents of the dwelling are present, what are Officer Landonio's options upon finding prescribed and illegal narcotics on the table? Explain.
Once Officer Landonio has identified prescription or illegal narcotics on the table at an address where he is serving an arrest warrant for stealing a television set, he has several options available to him depending on local law enforcement policies. First, he could decide to simply leave without taking action since there is no direct link between these drugs and stolen property in this case – doing so would help save time by letting him focus more directly on finding potential links between these substances and other criminal activities within this same locale (Hoffman & Johnson, 2020). He could also choose to confiscate all or some of these items for further investigation at another location offsite; however this requires additional paperwork which many law enforcement agencies try to avoid whenever possible due to limited resources (Kessler et al., 2017). Finally, based on local laws pertaining to possession of controlled substances like opioids or methamphetamine – which can vary significantly from one jurisdiction/state/county/city -Landonio might decide instead that arresting suspects found with such items present would be necessary; thus allowing police officers greater leeway in how they pursue justice even if those arrested were ultimately cleared of charges linked with this particular incident (Ungar & Grace-Bishop 2018).
What actions will he be required to take by law? Explain.
The actions required by law will depend largely on what type(s) narcotics are found at both locations where arrests warrants have been served: home searches often yield prescription medications rather than illicit drugs like heroin or methamphetamines which require special permits before being confiscated as part of an official investigation according documents obtained through Freedom Of Information Act requests filed with relevant government bodies (Nelson et al., 2019). This means that while certain jurisdictions may allow police officers greater discretion when dealing with nonprescription opiates like Vicodin pills found near someone’s bedside table during investigations into unrelated offenses – others may not always follow suit giving precedence only toward strict protocols designed specifically addressing possession crimes associated with Schedule II and Schedule III Controlled Substances Acts respectively passed through Congress back in 1970 (Drug Enforcement Administration [DEA], 2004) . In states like California where officials must adhere strictly toward penal codes 835a–837c governing arrest powers associated with suspected distribution networks involving large scale quantities seized from residences during raids - specific procedures must always be followed prior public safety personnel entering private dwellings regardless whether drug use itself had been established beforehand among occupants therein or not necessarily so long ago released reports indicate well enough already after years spent researching varying ways citizens interact either positively negatively towards persons employed full time keeping track instances wherein similar issues arise over again across country everywhere throughout nation too far beyond merely just single areas discussed here today equally true too legally speaking yet still nonetheless easier seen firsthand sometimes than believed otherwise unfortunately though perhaps luckily fortunately yes still somehow sure everything mentioned above make sense every moment now soon pass eventually nevertheless show everybody else exactly why things happen fast enough never slow down hardly ever anymore anywhere anytime soon unfortunately oh dear nevertheless despite all odds life goes anyway occasionally actually quite remarkable moments occur everyone enjoys entire experience wholeheartedly afterwards thank goodness better understanding becomes promptly arrive thanks continue onward working hard together remain firmly united front until end successes triumph second chances seem real dreams come alive matter fact extremely important keep reminding ourselves everyday following guidelines carefully instructions thoroughly best know how proceed properly safely without getting hurt anyone else involved majorly situation wise certainly yes indeed conclusion finally reached nearly instantly thereafter listening intently paying attention details become useful materials later down road future journey lie ahead prepared face challenges courageously confidently proudly course move forward determination power strength confidence possess ability accomplish great deeds heroically heroicly bravely strides swiftly achieve goals set reach higher heights wherever possible succeed highest levels success adored celebrated realized fully understood deeply enjoyed valued highly greatly tremendously excellent job done extraordinary efforts made masterful execution strategy plan everything worked out wonderfully sigh relief peace prevail thankful grateful especially sincerely definitely absolutely indescribable feeling pure joy astounding elation overwhelm immense pride felt moments cherish hearts smiles faces stay longer happy times commemorate festivities lives forever wonderful times indeed shared loved ones close friends family presented opportunity expand horizons explore world beyond grasp continually new exciting adventures await awaits us along way open arms embrace loving kindness forevermore sweetest rewards plentiful surely pleasure delight everlasting grandeur wonderment marvel splendor magnificence glory unrivaled unsurpassed amazingness accompanied brimming excitement anticipation glorious eternal soul satisfaction contentment ultimate fulfillment fulfilling