Legal Question in Criminal Law in California

Hello,

Im a international student and working with a case in one of my business law classes. I dont know where to turn and we cant ask our professor. Can you just give me some hints about the case and what laws I should read ? This is the case :

At 11:00 p.m. the Santa Barbara County Fire Department extinguished a small hay fire in a barn. At 11:15 p.m. sheriff Carr walked through the barn and detected the odor of gasoline. At 11:45 on his way back to the office, Carr stopped a speeding truck on a nearby road, driven by David. Carr observed that while cruising to a stop, David bent down twice toward the floor. Carr walked to the truck and ordered David to get out. David complied and closed the car door behind him. Carr then wrote a traffic ticket, handed it to David, and told David he could go. As David reopened the truck door, Carr saw a red gasoline can on the floor. Carr thereupon arrested David. Transporting gasoline in a vehicle�s interior is a misdemeanor. Carr promptly read David the Miranda warning, and asked if he would waive his rights. David shrugged his shoulders. Carr then commented: �I guess some people don�t know much about setting a good fire.� David responded: �I didn�t try to burn the barn.� Carr seized the can, told David he was a suspect in an arson investigation and removed him to the jail. Later, authorities learned that David owned the barn, but that he had leased the barn to a tenant. At trial, David asserts that all of the evidence obtained should be excluded because the search of the barn was illegal, the arrest was invalid, and his statement was made in violation of his rights.


Asked on 11/20/11, 10:34 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

This site is not for helping students complete homework assignments. That kind of question requires an essay response that explores criminal procedure, including search and seizure, probable cause, and Miranda. You should refer to your text and homework and develop a response. Your response should not be focused on the right answer, like a math problem, but rather a developed exploration and analysis of all of the legal issues raised by the scenario.

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Answered on 11/21/11, 11:12 am


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