As an assistant district attorney for Cityburgh, you are assigned to review three cases and present your findings to the district attorney to decide on how to proceed. You must review the facts of each case, specifically focusing on the procedural aspects and looking for any legal issues that may arise. You will need to judge the admissibility of the evidence provided and, on the basis of the evidence that will be available at trial, determine if the crimes provided should be charged. You are to present an analysis of the situations to the district attorney.
On Thursday, November 14, Able was stopped for driving 20 miles over the posted speed limit. It was further found that the vehicle had a no noperating speedometer and the driver was aware of this. During the stop, the officer ordered Able out of the car and conducted a frisk, during which a lump was discovered in Able’s pocket. The officer then asked Able to remove the object, and he complied. It was determined that the object in question was a baggie of methamphetamine. Reviewing these facts, explain whether the suspect should be charged with reckless driving, under Code of Virginia § 46.2-862, and possession of controlled substances, under Code of Virginia § 18.2-250. Concerning the drugs found, are there any issues with the frisk performed or the discovery when the suspect removed the object from his pocket?
On the morning of November 16, Charlie was found sleeping on a park bench, at which time he admitted to drinking the previous night and falling asleep in the park. Further, Charlie admitted that he knew the park was closed at dusk. Upon returning Charlie to his vehicle, an officer ran Charlie’s license plate and asked Charlie if he could look in his trunk. The officer found two garbage bags containing human body parts and a bloody axe in the trunk. Charlie claims to have no recollection of the previous night. Should Charlie be charged with public intoxication, under Code of Virginia § 18.2-388, and murder and manslaughter, under Code of Virginia § 18.2-30? What issues might be present in the opening of the trunk and discovery of the bodies?
In both cases, be sure to address the criminal elements ad possible defenses raised. If any of the situations have multiple outcomes based on facts not given, address all possibilities.
Note: You can use the Internet to find information about the Virginia Legislative Information System and the specific codes.
Support your responses with examples. Cite any sources in APA format.