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.
- What actions will he be required to take by law? 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.
- Be sure to reference all sources using APA style.
When complete, submit your assignment.
The following grading rubric will be used for this assignment.
Requirements: 3 – 5 pages
here is our course textbook for reference: Abadinsky, H. (2017). Drug Use and Abuse: A Comprehensive Introduction (9th Edition). Cengage Limited.
Also my state is Texas if this helps
Answer preview
Police discretion refers to the freedom police officers have in making certain decisions in their line of duty, such as arrest. Police officers find themselves in conflicting situations during their day-to-day work, requiring them to make decisions based on their knowledge and best judgment instead of following a strict law (Mata & Keasler, 2020). Based on our case, discretion occurs when officer Landonio finds both prescribed and illegal narcotics on the table during a Television search. The officer might decide to arrest the individual or walk away considering the search warrant only involved the 50-inch plasma TV. There are pros and cons to police discretion. The advantage is that it allows for more flexible and quick interpretation and action. The disadvantage is that it can escalate a situation as it can violate someone’s rights if applied improperly.
How Non-Residents Present in The Dwelling Can Be Handled
In Texas, an officer can arrest without a warrant, if an individual is found contradicting and suspicious circumstances that reasonably show that the person is guilty of some felony (Mata & Keasler, 2020). For instance, based on our case, a non-resident found in the house of search where a kilogram of cocaine and other narcotics are found, the officer is supposed to arrest everyone present in the area under Penal Code Chapter 42. That is because they might be about to commit an offense against the law. Whether a person is suspicious depends on the location’s circumstances and the incident. If arrested, they can be charged with possession of illegal drugs.
[1070 Words]
