Fourth Amendment in Motion

Introduction:Officer Tyler is standing close to a high school watching the foot traffic. Mike is walking to school, minding his own business. Mike appears older than he is, often being mistaken for someone in college. Officer Tyler is standing in Mike’s path, looking directly at Mike. Mike needs to walk around the officer to continue on his way. Mike is nervous, since the officer is staring at him as he approaches. When Mike is a few feet away, Officer Tyler says, “Let me see some ID.” Mike forgot his identification and tells the officer that he has no ID. The officer directs Mike to empty his pockets. Mike initially starts to do so, but then refuses.

Instructions:

Answer the following questions:

At that juncture, did Officer Tyler have the right to make the request?
Did Mike have the right to refuse?
What can Officer Tyler do, if anything, after the refusal?
What if Mike then turned and ran from the officer after yelling, “You have no right to ask me to do anything, I was just walking to school and I am scared of you”?
What if, when running, Mike pulled from his pocket and threw away what appeared to be a small bag of cocaine?

Special Instructions:

Create 1 page essay in APA format and incorporate both the questions above, as well as the following below. Explain the substantive and procedural interpretations of individual freedoms based on case analysis. Document philosophical underpinnings and public policy influences associated with U.S. Supreme Court decisions. Use 2 scholarly sources for references. Be sure to use in-text citations.

Solution Preview

‘At that juncture, did Officer Tyler have the right to make the request?’

The officer has the obligation to make a request from mike which is his role of keeping law and order, the fact that mike’s size is disguising and appear nervous at the officer, the officer would not have assumed that he is a college student so he had to do the honorable thing to request mike for his ID as required by the federal law of the united state. The officer is trained to identify any change of behavior that may trigger a criminal offense from an individual. The officer is in his jurisdiction mandate (Kyllonen, Simmons-Ehrhardt & Monson, 2017).

(520 words)