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The effect of illicit drugs on society
Drugs and criminal justice system
Drugs and the criminal justice system
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According to Drugs, Society, and Criminal Justice, "drug courier profile" served as a tool to assist drug-law enforcement agents in identifying potential drug smugglers (Levinthal, 2012). There are several factors that solidify a drug-law enforcement agents' determination for this particular theory such as the individual is traveling solo and coming from an identified source country, the individual has an unusual itinerary and carries a minimal amount of luggage, the purchased flight ticket was paid with cash, the individual appears nervous and avoids any types of questions, and/or the individual gives contradicting answers to questions they are asked (Levinthal, 2012). "In the United States v. Sokolow (1989), the U.S. Supreme Court ruled that drug courier profiles at airports could be used as a legitimate law enforcement tool, the Fourth Amendment to the U.S. …show more content…
Sokolow was flying under a false identity and presented several factors to DEA Agents that led them to believe a crime was being committed or about to be committed. Sokolow was detained and a search revealed 1,063 grams of cocaine inside his carry-on luggage after a narcotics K-9 alerted on his carry-on bag (Levinthal, 2012). The U.S. Supreme Court upheld the search conducted by the DEA and credited the United States v. Cortez (1981) case that evolved around "totality of the circumstances". Furthermore, Chief Justice Rehnquist announced the seven to two decision and elaborated that all of the factors demonstrated by Sokolow, gave merit to the "drug courier profile" and the totality of circumstances that coincided with the factors of profiling (U.S. v. Sokolow,
Under the California Penal Code, officers are granted permission to search Johnson under the conditions of his probation. While acting upon this, they discovered multiple areas of the house in which controlled substances were hidden. Officers argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.
In this case, the Supreme Court decision in reversing the decision of the trail court. Although the suspects were conducting an illegal crime, the officers were reckless in the procedures in collecting the evidence. In this case, if there was a report or call concerning the drug activities in the apartment, being that the Police Department was conducting a the drug sting, it would have justified the reasoning behind the officers kicking the door in and securing suspects and evidence.
Facts: On November 2006 the Miami-Dade police department received an anonymous tip that the home of Joelis Jardines was been used to grow marihuana. On December 2006 two detectives along with a trained drug sniffing dog approached Jardines home. At the front door the dog signaled for drugs, as well as the detective who smelled the marihuana coming from inside. Detectives then wrote an affidavit and obtained a search warrant that confirmed the growth of marihuana in Jardine’s home. Jardines was then charged for drug trafficking. Jardines then tried to suppress all evidence and say that in theory during the drug sniffing dog was an illegal search under the 4th amendment. The trial courts then ruled to suppress all evidence, the state appellate courts then appealed and reversed, the standing concluding that there was no illegal search and the dog’s presence did not require a warrant. The Florida supreme court then reverse the appellate court’s decision and concluded that a dog sniffing a home for investigativ...
This case is about Scott Randolph, who’s home was searched without a warrant. Due to this “corrupted” search, police ended up finding cocaine in his home. As a matter of fact both Randolph and his wife Janet Randolph were present during the search, it’s stated that Randolph’s wife gave permission to search the house. However Randolph denied to give that consistent, but police believed that the wife’s permission was all they needed. After the encounter with the drugs, Randolph was arrested for drug possession. This case was taken to trail and both the appellate court and Georgie Supreme court believed that the search of Randolph's home was unconstitutional.
Also another fact one of the justices, Justice O’Connor disagreed with the outcome of the case. She said it was called a, “Cursory Inspection” she went on saying the officers could do the search based on reasonable suspicion that the object was evidence of a criminal activity.
United States v. Leon was a U.S. Supreme Court case about drug trafficking, where the Supreme Court created the exception of ?good faith? to the exclusionary rule. In August 1981, in Burbank, California, the California Police Department received an anonymous tip, accusing Armando Sanchez and Patsy Stewart as drug dealers. Police began watching their homes and followed leads based on the cars that were regularly seen at the homes. The police identified Alberto Leon and Ricardo Del Castillo as also being involved in the trafficking operation. Based on this surveillance and information
Mann (2004) is another precedent setting Supreme Court case, whose main issue dealt with search and seizure laws that infringed upon Phillip Mann’s rights that are guaranteed under the Canadian Charter of Rights and Freedoms. The issue that was brought before the court was if the investigative detention against Mann was a violation of his section 8 Charter rights, which states that “everyone has the right to be secure against an unreasonable search and seizure”. The purpose of the search was to determine if Mann was in possession of illegal weapons because it so happened to be that he was in the same place a crime scene investigation for a burglary was happening and coincidentally matched the suspect description. While police were searching Mann, the officer felt a soft bag in Mann’s sweater pocket. Even though the officer was aware they were only investigating for weapons, the officer intentionally pulled out the bag of Marijuana and arrested Mann immediately. This case went to the Supreme Court, where the court stated that “investigative detention was definitely reasonable given that Mann matched the suspect description and was close to the crime scene, but it was not done for valid objective because the cops could only search for officer safety- once soft object was felt, there was no risk (i.e was not a gun)- ultimately determining that the officer should not have pulled the bag out of Mann’s pocket, resulting in the Supreme Court ruling that the search
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Second. The marijuana that was found with Shapelle Corby was shaped in the same position as the body board in the bag. The defendants’ case rests on the notion that the drugs were planted in her bag by somebody else. But! For this to have happened it would have been done very quickly because the defendant had said that she had the bag with her at all times. If someone had planted the drugs in her bag it would have been rough and rushed, the weight would be uneven and the weight would be noticeable because it would sag to the side it was stuffed into. But since the 4.1 kilo grams of marijuana were practically molded to the shape of the board, it seems exceedingly unlikely that someone else had put them there.”
Douglas N. Husak's A Moral Right to Use Drugs In Douglas N. Husak’s A Moral Right to Use Drugs he attempts to look at drug use from an impartial standpoint in order to determine what is the best legal status for currently illegal drugs. Husak first describes the current legal situation concerning drugs in America, citing figures that show how drug crimes now make up a large percentage of crimes in our country. Husak explains the disruption which this causes within the judicial system and it is made clear that he is not content with the current way drugs are treated. The figures that Husak offers up, such as the fact that up to one third of all felony charges involve drugs, are startling, but more evidence is needed than the fact that a law is frequently broken to justify it’s repeal.
Miller. In this case, Justice Ruth Bader Ginsburg stated in the majority opinion that Georgia’s drug testing standards did not meet the suspicionless exception placed by the National Treasury Employees Union v. Von Raab. However, the individuals that were being tested were governmental officials without a history of substance abuse and therefore differ from Dorsey’s case and cannot be held to the same standard. Lastly, there is the argument that there is not enough evidence to warrant a warrantless search. However, Dorsey’s testimony counts as evidence. While this would not be enough to convict her of a crime, a positive drug test would. However, the challenge lies in receiving that information from Dorsey, who has refused to take the drug test. If Dorsey continued to refuse, it may be best for the Court to issue a warrant using the probable cause presented in Dorsey’s
It was the late 19th century when a lot of conflict for families from the Industrial Revolution and illegal drugs had easy access to anyone in the United Sates. These illegal drugs like morphine, cocaine, and alcohol were available through manufacture, delivery, and selling. It was proved that the over use of alcohol and violence in families’ homes were linked together around the 1850’s and that women and children were being abused by the father and husband from the letters and journals that were wrote. These were times when women were stay at home mothers and it was the man’s responsibility to be the provider for the wife and children. Because of the abuse in the household it led up to the temperance movement. The purpose
From watching the video about drug diversion, it made me think of my first day working at CVS and how I witness my first drug diversion from a patient. While doing some modules for CVS, a Latino male walked into CVS and gave one of our technicians a prescription to fill. Since the script was a controlled medication, they gave it to the pharmacist, so he can take a look at it. Before the pharmacist had the chance to look at the script, the male patient was moving around a lot and mention how he went to multiple different pharmacies and no one was willing to fill his medications. Those were the first few warning signs that something did not feel right. After my pharmacist examined the script and saw something was off about it, he decided not
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.
stigation, Uniform Crime Reports for the United States 1996, Washington, D.C.: U.S. Government Printing Office ( 1997) Inciardi, James A. "The Wars on Drugs." Palo Alto: Mayfield, 1986 Kennedy, X.J., Dorthy M. Kennedy, and Jane E. Aaron, eds. The Bedford Reader.