The Procedural Problem
Does probable cause exist to arrest Joseph for selling marijuana? Argue the merits of the position in favor of probable cause and the position against probable cause to arrest. Determine which position has the better view. Come to a definite conclusion.
During his high school years, Joseph had developed a reputation as a dealer in marijuana and amphetamines and his reputation continued as he began to attend a local university. Joseph did have one arrest in high school for possession of marijuana, but his attorney had the case dismissed for lack of evidence. Joseph had no other criminal record. Police noticed that college students tended to make short visits to his apartment and especially around examination time. Police also observed that Joseph made frequent visits to some of the dormitories but he never stayed for long. One officer noticed Joseph’s car parked in a fast-food restaurant parking lot and so the officer walked over to the open window where he smelled the faint odor of burnt marijuana. The car’s ash tray was closed. One high school student at Joseph’s former high school did tell police that a year ago he purchased some marijuana from Joseph in a city park and he had heard that college students bought amphetamines from Joseph to help them cram for final examinations.
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