Did detective Johnson have a reason to initially search and question the men? What is the standard for a search?
While patrolling during his shift, a Centervale police officer, Detective Johnson, saw two men standing on a street corner. Johnson observed the two proceed alternately back and forth between the street ahead and the corner, pausing and returning to conference. Detective Johnson found this strange as the Love’s Jeweler shop was down the street. The two men repeated this ritual alternately three to four times, which appeared as if they were looking out for someone or were about to steal something. Detective Johnson saw a third man approach and handing something to one of the two men, which he stuffed into his pocket.
Detective Johnson approached the three men and identified himself as a policeman. He saw the man that stuffed the item in his pocket place his hand in his pocket again. Detective Johnson kept his eyes on the man and asked their names. Before they could answer, the detective turned the man around, patted down his outside clothing, and felt a hard object. The man objected saying, “Hey man, you can’t do that. I have rights. I want my lawyer.” Detective Johnson sneered, “Oh! you’ll get your lawyer.” Upon feeling the object, the officer removed his gun and asked the three to raise their hands and place them on the wall. The officer patted each man down and found a gun in the pocket of one man. He removed the jacket of another man and found a diamond ring in the inside pocket. The third man did not have anything in his pockets.
The three were taken to the police station and charged with grand theft and burglary. One of the men was also charged for carrying a concealed weapon. Detective Johnson ran the information concerning the gun and found that it matched the gun related to an aggravated battery and rape case from a year ago. The detective questioned Danny, the man who had the gun. At first, Danny did not want to say anything, but the detective continued questioning him. After three hours, Danny confessed to the aggravated battery and rape case. He denied being involved in the grand theft and burglary.
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