In the case Florida Vs. Royer two narcotic officers approached Royer for a quick discussion, letting Royer know that they are officers. Royer was not told if he was going to be arrested or aware that he would be searched. The two detectives walked with Royer into a larger storage room and began searching he’s property without having sufficient facts to lead the officers into a search and seize operation. The two detectives did not fit in any of the reasoning for probable cause, for starters First hand knowledge requires facts such as finger printing, DNA, evidence in which indicates the person is committing a criminal act. The detectives were not told by a reliable source in which Royer was in fact carrying marijuana. Making an arrest without
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.
The case of Tennessee vs Reeves talks about two youngsters named Tracie Reeves and Molly Coffman who were students at the West Carrol Middle School who were planning to kill their teacher, Janice Geiger (Hall 2014; Schmalleger, 2014). They had planned to poison the teacher with rat poison by putting it in the teacher’s drink (Hall 2014; Schmalleger, 2014). There were other students who had found out, and the plot had been reported to the teacher and principal of the school (Hall 2014; Schmalleger, 2014). The students were convicted of attempt to commit secondary degree murder based on the fact that the poison was brought to the school and if it wasn’t because the plot to killed Miss. Geiger was interrupted the crime would have taken place.
As a result of the suspect, P.C Spicer asked the defendant for a piece of identification, and Mr.Nanokeesic responded the identification was in his backpack and P.C Spicer told him to get it. Nevertheless, the other office P.C Bannon formed intention to search his backpack during the unlawful detention. The police said “perhaps I need to look for you.” At this point he reached out for the strap of Mr.Nanokeesic’s backpack. In R.v.Mohamd, the court held that the Officer must subjectively believe that person is committing or has committed an indictable offence and their belief is based on objectively reasonable grounds. There was no evidence of Mr.Nanokeesic was committing an indictable offence. Also, the detention of Mr.Nanokeesic was unreasonable and unlawful. In short, the police did not have any lawful basis to conduct a
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
Adair v. U.S. and Coppage v. Kansas became two defining cases in the Lochner era, a period defined after the Supreme Court’s decision in Lochner v New York, where the court adopted a broad understanding of the due process clause of the Fifth and Fourteenth Amendment. In these cases the court used the substantive due process principle to determine whether a state statute or state’s policing power violated an individual’s freedom of contract. To gain a better understanding of the court’s reasoning it is essential to understand what they disregarded and how the rulings relate to the rulings in Plessy v. Ferguson, Lochner v. New York and Muller v. Oregon.
James Desmond Booth, who is presently 30, had received good grades all throughout all his years in school and had a good family life, after being adopted by his grandparents. He also played varsity basketball in his hometown, at New Smyrna Beach High School. His grandmother, Beulah Booth, stated that her grandson was also a good father to his daughter and infant son, while other family members suggested that he loved his young children and he continues to make contributions in their lives. It is peculiar that a man with these beginnings and familial connections went on to receive seven felony convictions, with some including “possession of a stolen firearm, possession of a firearm by a convicted felon, and possession of ammunition by a convicted felon” (Frederick 2014 p.1: Sept. 29, 2009). After sitting in on the current trial brought against Mr. Booth and taking notes, sociological theories of crime were utilized to help to interpret the previous actions of this particular man’s history of misconduct.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
A search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present. Such a search or seizure is unconstitutional under the Fourth Amendment, and evidence obtained from the unlawful search may not be introduced in court.
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
In the case, Utah v. Strieff, The Salt lake police got an anonymous tip of a house with drug activity. They sent an officer to monitor the house and the officer became suspicious due to the fact that many people were going in and out of the house. Edward Strieff was saw leaving the house and the officer stopped him at a convenience store. The officer asked him for his I.D., and arrested Streff because he had a “small trafficking warrant.” When the officer arrested him, they searched Strieff and found drugs in his pocket. The state of Utah agreed that this stop was illegal because it was based on only the officer's suspicion. The state also argued that the discovery of the valid warrant got around the fourth amendment. “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants — even if you are doing nothing wrong”, said Justice Sonia
The common name and scientific name is a Florida panther and Puma concolor coryi. The description of the Florida panther is uniform tan color with lighter fur on their lower chest, belly and inner legs. The Florida Panther is found in southern Florida in swamplands such as Everglades, National Parks. Their diet is whitetail deer, feral pigs, rabbits, raccoons, and nine-banded armadillos. The size of a Florida panther is 2 – 3 ft. The family that the Florida Panther is related to is Felidae. Their predator and prey is hares, mice, and
An ethical obligation the police should adhere to while carrying out their duties of investigations and arrests is the exclusionary rule. (Hall,2015). It is both ethical and evidentiary. The 4th Amendment exclusionary rule prohibits all evidence obtained by searches and seizures in violation of the U.S. Constitution. (Alschuler, 2008). It also excludes "fruit of the poisonous tree" and any other evidence obtained through the illegal search or seizure. This makes them subjected to the question of causation. Did the 4th Amendment violation cause the government's receipt of evidence that a defendant seeks to oppress? Other ethical considerations include that officers should obey the law, they shall not behave in unbecoming ways and should respect
In the case, whereas, Stacey is a suspect in an embezzlement investigation; the police believes she is hiding evidence in her neighbor’s home. Yes, law enforcement officer can obtain a search, under the Fourth Amendment to the U.S. Constitution, police may engage in "reasonable" searches and seizures. (FindLaw, 2017) However, the police must obtain a warrant of an affidavit for probable cause from a judge. The officer in Stacey’s case had the reason of suspicion to believe Stacey was hiding evidence upon being investigated. Depended on the exigent circumstances a search may be conducted with or without a warrant. The fact that Stacey’s neighbor refuses to consent, the officer will have to obtain a search warrant. The police may not perform a warrantless search anywhere a person has a reasonable expectation of privacy unless one of the warrant exceptions applies. (FindLaw, 2017) In Stacey’s case, the law enforcement officers must act quickly to prevent the destruction of evidence, and the successful flight of the suspect. "Warrantless searches that occur when exigent circumstances exist are valid" (Hall, 2014, p. ) If Stacey’s neighbor does not have a private investment in the items or evidence, the police can take them into custody and, in effect, no "search" has occurred.
According to the plain view doctrine, an officer is allowed to seize contraband or evidence without a warrant, as long as they are lawfully present in an area protected by the 4th amendment (Gardner & Anderson, 2015). However, three provisions contained in the three-pong Horton test must be satisfied as follows;
To go into one of my first experience was going to a live basketball game, where everyone could see you on TV. I remember wearing a blue dress so representing the Orlando Magic. My boyfriend wore his Nike logo jacket which it said the magic Orlando. Therefore I only went to the basketball game because my boyfriend got 2 tickets and he brought me. It was a surprise to me because he blindfolded me at first then he took it off when he wanted to show me how the city looked. We walked in already all hyped to take pictures, I seen the polished floor where the team was going to play and it smelled clean and latex from the basketballs. Out of 18 years I have never been to any of this, it was at the Amway in Orlando so it’s very gigantic and loads