A police officer saw a car containing three teenagers driving slowly down the street at 1 a.m. She waited for it to go by her and, after it was far enough ahead, started to follow it. Several blocks later, the car rolled through a stop sign. The officer immediately pulled the car over and requested the driver's license. A license check showed that the driver had five outstanding parking tickets. A statute in the jurisdiction permits an arrest to be made if a driver has four or more outstanding parking or traffic violations. The officer decided to take the driver in on the tickets. She informed the driver that he was under arrest and asked him to step out of the car. When the driver got out, the officer patted him down and found a gun in his waistband. Calling for backup, she decided to haul all three teenagers to jail.

Subsequent testing showed that the gun had been used in a recent homicide during a store robbery by three young men. One of the passengers made a motion to prevent the introduction of the gun at his trial for murder and robbery.

How should the judge rule?

a. Deny the motion, because the gun was found after the driver had been arrested.
b. Deny the motion, because the officer lawfully stopped the car.
c. Grant the motion, because the officer had no valid reason to be following the automobile.
d. Grant the motion, because the officer had not arrested the driver for suspicion of robbing the store or committing the homicide.

Respuesta :

The option (b) is correct; "Deny the motion, because the officer lawfully stopped the car".

What is homicide?

An act of homicide occurs when one person kills another. Manslaughter is not always considered a murder because some killings are also justified by affirmative defenses like insanity or self-defense.

The statute in jurisdiction means- A court's authority to make decisions and issue orders. The area where a court or government body may lawfully exercise its authority.

There are 5 Jurisdictional that may be relevant to Criminal Case are-

  • Subject-Matter Jurisdiction.
  • Territorial Jurisdiction.
  • Personal Jurisdiction.
  • General and Limited Jurisdiction.
  • Exclusive / Concurrent Jurisdiction.

The roles of jurisdiction in governments rule are-

  • The United States Constitution defines the spheres of government within the country and grants both the federal and state governments particular duties and privileges.
  • The ability of a court to hear cases and render decisions is known as jurisdiction.

To know more about  United States Constitution, here

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