Constitutional Interpretations of Criminal Procedures Case Study

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Please read the passage below, answer the questions which follow, and submit your answers to the course drop box.

“You are a college campus police officer. X, a student in the school, has just parked his car in the college parking lot and started to walk away from it. You recognize X from a recently issued campus police poster as someone who is suspected of committing a sexual assault on another student. X is about thirty feet from his car, when you stop him and ask him to show his ID. He appears suspicious, so you frisk him and find a bag of marijuana. You tell him he is under arrest and then search his car. In the trunk of the car, you find a bag containing marijuana and some clothes. Later you discover the clothes contain DNA evidence that ties X to the sexual assault. As you are about to put handcuffs on X, he makes a sudden movement as if he intends to run away. You immediately tackle X and place him in a choke hold until back up officers arrive. Unfortunately, X breaks free, runs to his car and starts to drive away. You pull your service revolver and fire at the moving vehicle. X is hit in the shoulder, loses control of the car and crashes into a wall. X survives the crash and is taken into custody”

Questions:

What was your (the police officer’s) justification in approaching and searching X in the first place? Use legal concepts and case law to support your answers.

What was your justification in making the arrest of X? Were you justified in searching X? His car? Use legal concepts and case law to support your answers.

Was the use of force by the police justified in this case? Distinguish between the justifications needed for using deadly and non-deadly force. Use legal concepts and case law to support your answers.