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I enjoyed reading your post and hearing about your opinions on the topics you covered. In the section titled “Inventory searches, probable cause not required,” I found the most interesting point to be that if any criminal evidence is found within the inventory searches that it can be used within court, as you said. This can be beneficial for police doing an investigation where an individual has been arrested for drug charges or so on. Upon searching their vehicle that was possessed, the police may find drug paraphernalia, for example. The evidence that is found within these types of searches could help to contribute to evidence against the defendant. I believe that it is important that the police follow procedure when storing an individual’s belongings and keep them safe. The police should not take anything from the individual including money, jewelry, etc. For the most part this law is very beneficial, but as with any law with power, it can be abused. …show more content…
I believe that this type of law is beneficial for everyone involved. If kids are doing drugs that they shouldn’t be and they want to play sports, maybe it will encourage them to stop. This law also keeps children safe when playing sports. Within the textbook, the court concluded that one of the reasons they allowed the drug screening of student athletes was to keep student’s safe (Ingram, 2009). They did not want students playing sports under the influence of drugs and hurting themselves or others. I believe that the court made the right decision when determining this because students could hurt themselves depending on the type of drug they are
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
United States, the Court concluded that in order to protect the citizen’s Fourth Amendment right to be free from unreasonable searches and seizures, illegally seized evidence must be excluded in federal trials” (Gardner & Anderson, 2016, p. 215). The key phrase in this statement is “federal trials” because this indicates that the state courts did not have to adopt the exclusionary rule, and could still admit illegally seized evidence in their state-level court systems if they so pleased it. Unfortunately for Mapp’s, the state of Ohio did not adopt the exclusionary rule until later, which leads to me her arguments. Mapp’s argued that any evidence that is obtained illegally should be inadmissible in court. She further argued that the exclusionary rule or the Fourth Amendment rights should apply to all criminal prosecutions, including state
Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle. The justifications for the search incident to arrest are to allow police to secure any weapons that the arrestee might seek to use to resist arrest or escape and preserve evidence. This case is a decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to a continuing threat to their safety posed by an arrestee, in order to justify a warrantless vehicular search conducted after the vehicle's recent occupants have been arrested and secured. ...
I believe this United States Supreme Court case is particularly important because it ultimately defends a person?s Constitutional right to privacy. As stated before, until this decision was made, the search and seizure laws were given little consideration. Although there is always an exception to the rule, for the most part, evidence that is obtained in a way that violates a person?s Constitutional right is inadmissible in Court. This decision has most definitely refined the laws of the admissibility of evidence and the procedures followed by those in law enforcement.
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
Vernonia School District v. Acton was a US Supreme court decision that aims to uphold the constitutionality affecting random drug testing implemented by local public schools in Vernonia, Oregon States. This provision mandates student athletes to undergo drug testing before they are going to be allowed to participate in sporting activities. This particular measure established by the constitution stated that it propagates any illegal use of any prohibited substances for students in order to preserve the integrity of the society in particular with handling against drug use. An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injury. Consequently, the Vernonia School District of Oregon adopted the Student Athlete Drug Policy which authorizes random urinalysis drug testing of its student athletes Substance abuse materials may include marijuana, which is cannabis that is commonly used by teens.
In American high schools across the country, many people buy, sell, and use drugs. In addition, these people influence everyone around them. On these campuses, some of the people influenced by this illegal activity are sports players. One of the sports most affected is baseball. Doping in baseball is wrong because it ruins baseball's reputation, it negatively influences the athlete's health, and the drugs are bad for young people who hold up athletes as role models.
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.
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
In Vernonia v. Acton, the issue in question is the school’s ability to drug test student-athletes. In the mid 80’s, the Vernonia School District noticed an uptick in drug use, and more so from athletes. Furthermore, the football and wrestling coach cited several situations that he felt drug-use was causing the athletes to be unsafe. Thus, the school instituted a mandatory drug test for all student athletes prior to the season, and then weekly random drug testing. If a student-athlete failed a test, they would have the choice of joining a rehab program, or serving a suspension. Suspension from school was never an option, nor were the results reported to authorities. Results were reported to the superintendent, athletic director, and other personnel on a need to know basis only (Vernonia v. Acton, 1995).
For centuries sports has been the favorite past time and for decades drugs, steroids and Performance enhancing drugs and regular street drugs have been used. In many locker rooms the motto is “if you’re not cheating, you’re not trying” (Schafer). Over the past decades many see the need to drug test athletes in order to maintain integrity of the sports. Drug testing athletes has to many lawsuits and even has gone to the U.S. Supreme Court many times because some feel that drug testing is an invasion of there privacy. Albiet, drugs have increased the entertainment when watching sports, it has also decreased the sportmanship and integrity. Drug testing is a deterrent that is needed in all sports to decrease the number of unethical players while increasing the integrity of a given sport.
Professional athletes are role models to the American children across the Nation. Professional athletes must follow ethical standards to play fairly in their sport. This means that players must compete without the assistance of performance enhancing drugs such as steroids (Tynes, 2006). Yet, professional athletes choose to cheat by taking illegal substances, which results in the death of some players and a wide variety of health problems. The Federal Government realized that the use of anabolic steroids is a form of cheating and defrauds the players and fans of “real” competition. As a result, for the concern of the athletes’ health and concern for the ethical standards of the game played, the Anabolic Steroid Act of 1990 (ASCA) was enacted (Tynes, 2006). The ASCA was passed to help the growing concerns of the wide spread of harmful substances that could cause long- term effects (Tynes, 2006). The ASCA made it illegal to take an unapproved substance while playing a professional sport.
T.L.O. (1985). Schools have a right to drug test student athletes because student’s rights must be balanced with safety. This case involved a student that was caught smoking in a school bathroom by a teacher. Her purse was searched by the principal and it was discovered that she possessed marijuana. The student claimed the search had been an invasion to her right of privacy and appealed the conviction. The Supreme Court sided with the school district. The court noticed that students must be able to learn at school, so anything disrupting the learning environment must be stopped, despite students still having privacy rights. “Students have ‘legitimate expectations of privacy,’ the Court said, but that must be balanced with the school's responsibility for ‘maintaining an environment in which learning can take place’” This is similar to the Roanoke County schools case because both are faced with balancing student privacy rights and maintaining a safe school environment where students can learn. This court case supports the claim that drug testing should be allowed because it is shown that is is necessary for student privacy rights to be balanced with student safety. This is similar to the Roanoke County Schools case because although student privacy rights are being restricted, the safety of the other student athletes is in danger so the drug tests should
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.