As a sergeant on the Cityburgh Police Department, you have received your rookie partner’s report on three cases. In addition to the facts presented in W1 Assignment 3, you are given additional information regarding each case. Your job is to look at the new facts and determine whether any further crimes have been committed and whether the suspects have any defenses to the charges. You are to present an analysis of the situations to your captain and the district attorney.
For both cases, be sure to focus your responses on the elements of the possible crimes, the elements of the possible defense, and the facts of the case. If more information is needed, be sure to indicate all possible outcomes.
Last Thursday, Able was stopped for a traffic violation. During the stop, the officer ordered Able out of the car and performed a frisk of Able’s person. During this frisk, the officer noticed a large object in Able’s pocket. Able was asked to remove the object and complied. It was determined that the object was a plastic baggie of methamphetamine crystals— possession of controlled substances (see Code of Virginia § 18.2-250). Able claims that he thought that the officer was trying to buy some of the drugs from him.
Charlie was found sleeping on a park bench and brought to the station. He was released after processing but did not have transportation to return to his vehicle. An officer gave him a ride back as he was not familiar with the area he had left his car in. The officer checked the vehicle’s license plate in his computer for outstanding tickets or other violations and, while waiting for the report to come back, told Charlie to pop the trunk. Inside the trunk, the officer found two garbage bags containing human body parts and a bloody axe (see murder and manslaughter, under Code of Virginia § 18.2-30). However, Charlie claims not to remember anything that happened the night before.
Note: You can use the Internet to find information about the Virginia Legislative Information System and the specific codes.