12.1 - Arrest Procedure

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3 questions

The police receive a tip that a drug pusher named Richie will be flying from New York City to Washington, D.C., sometime on the morning of September 8. The informant describes Richie as a tall man with reddish hair and a beard. He also tells police that Richie has a habit of walking fast and that he will be carrying illegal drugs in a brown leather bag. The police have received reliable information from this informant in the past. On the morning of September 8, the police watch all passengers arriving from New York City. When they see a man who fits the description—carrying a brown leather bag and walking fast—they arrest him. A search of the bag reveals a large quantity of cocaine.

a. Do you think the police had probable cause to arrest Richie? Explain.

b. Should the police have obtained a warrant before arresting Richie? Why or why not?

c. Assume the police have not received a specific tip but they know that crack cocaine is being brought regularly on trains from one specific city to their city by teenagers hired by older drug dealers. They see a 16-year-old African American male arriving in their city by train from a city that has been the source of crack cocaine dealings. He is alone and is carrying a small canvas bag. Should the police be able to stop and question him? Under what circumstances should they be able to search or arrest him?