PLEASE CREATE PEER RESPONSE
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. Address the following questions:
- What crime has been committed?
- What technology would be useful in locating the car?
- Now pretend that you have located the car, which is parked in the driveway of a private residence. Can you seize the car without a warrant? Why or why not?
- What are some obstacles law-enforcement officers face in solving crimes such as the above scenario?
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:
- Ask an analytical question.
- Offer a suggestion.
- Elaborate on a particular point.
- Provide an alternative opinion supported with research.
PEER 1 POST
In the case of stealing Burleigh’s car at gunpoint, the crime that was committed was Grand Theft Auto which is a felony in some states. In the state of Texas where I reside grand theft is categorized as taking a car from the driver by force or threat of force, operating a vehicle without the owner’s consent with the intent to return it, and this includes a rental car.
The technology that can be useful in possibly locating the stolen vehicle is the GPS tracking device. You can take our license plate and VIN number, the car’s make model, and color all to the police station to file a report and they will send out a report to police officers that are out on patrol to be on the look for the stolen car.
Yes, the police can seize a stolen car parked in the driveway of a private residence because the person that stole the car has no rights to something that doesn’t belong to them. The Fourth Amendment doesn’t apply to the stolen property. If the police have the car towed and taken to the pound the police are allowed to search the vehicle. The police have to show or have probable reason and proof that the car does not belong to the driveway to which it is parked.
Law-enforcement face difficult scenarios when it comes to applying the Fourth Amendment. In some instances the police can search and seize without a warrant an in most cases they need a warrant or the search can be thrown out causing the case to be dismissed or damaged.
PEER 2 POST:
As the law enforcement officer responding to Burleigh’s 911 call I would find that two suspects were armed with a gun, pulled Burleigh from his car, made him lay on the ground, then stole his car.The crime that has been committed is armed carjacking.“A carjacking is the theft of a motor vehicle by force or violence (or threats of force or violence) while the owner is in possession of the vehicle. If the carjacking is performed by using a dangerous weapon, the crime is considered armed carjacking” (Price Benowitz LLP, 2019).
There are several types of technology that can be used to locate this car.Luxury cars such as a jaguar are usually equipped with Lojack or a GPS locator.A License plate number and description of the car would also be very helpful in locating this vehicle.
I believe there would be no search warrant needed if the car was located in plain sight of a private residence.This is considered stolen property and may be retrieved by the police.However, if the car was in a garage or in a gated area then a search warrant would be needed.
Some of the obstacles law enforcement officers face in solving crimes as the one listed above include: (1) The car taken may be an older vehicle without LoJack or GPS.(2) The license plates may have been switched. (3) The vehicle may have been stashed in a gated property. (4) Like in this case, there was no suspect description.
Price Benowitz LLP . (2019). Carjacking.