Criminal Procedures

Topics: Criminal law, Crime, Fourth Amendment to the United States Constitution Pages: 2 (574 words) Published: June 7, 2014
Criminal Justice Term Paper
Throughout the Criminal Justice System there are many causes where people discuss the matters of arrests and probable cause. In the case of Garcia vs. Merced County probable cause and search warrants were discussed. The case centers around a criminal defense attorney who was accused of being willing of smuggling contraband to county inmates. John Garcia was accused of the crime by Officers Cardwood and Taylor based on information given to them by an inmate informant named Robert Plunkett. Garcia was never charged with any criminal offences; however, he sewed Officers Cardwood and Taylor in federal court for violations and his rights for false arrests. In order to completely understand the case in depth discussion of the elements, the court judgment, and my thoughts of the case are all important parts to consider.

All of Garcia’s trouble began when the inmate Robert Plunkett told Special Agent Alfredo Cardwood and Merced Deputy Sheriff John Taylor that he knew of an attorney who would smuggle drugs to prisoners. As a result of the information the officers received from Plunkett a reverse sting to catch Garcia was plotted. During the reverse sting Garcia accepted the contraband from inmate Plunkett and took them back to his office. Thus caused Officers Cardwood and Taylor to pursue and receive a search warrant for Garcia’s office. The search of the office resulted in a small plastic bag that contained methamphetamine in it, a small amount of methamphetamine, a one pound scale and six packages of Bugler tobacco. Garcia claimed that the meth was “spillage” from when his investigator flushed down the toilet. No charges were ever brought in the case, but Garcia sued Cardwood and Taylor for violating his civil rights for false arrest.

The Ninth Court of Appeals remanded the case back to the district court for entry of judgment for Officers Cardwood and Taylor. The court sent the case back because they felt that the trial judge was wrong...
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