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Florida v jardines analysis
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A Terry Stop is an act of the law enforcement officers/ police momentarily detain an individual under reasonable belief of involvement in criminal activity as derived from the case Terry V, Ohio, 392 U.S. 1 (1968) (Gardner & Anderson, 2015). The Supreme Court established that law enforcement officers may carry out a restricted search of the suspect’s outer clothes if there is reasonable suspicion that the individual may possess weapons that are dangerous. The bottom-line is to make such stops based on the fact the suspect is involved or is about to commit a crime as opposed to his past conduct/ record (Gardner & Anderson, 2015). Given contrabands, specific legal provisions allow for related seizures during a routine frisking exercise.
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;
• The law enforcement officer must be present at the scene of the observation in a
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The extension of the plain view doctrine from the plain feel essence covers plain smell and plain hearing considerations that support the reasonable identification of contraband (Gardner & Anderson, 2015). The characteristics of the item/ contraband must be immediately apparent based on common definitions and quality. In the course of frisking, the officer may seize the objects known to be contraband from their exterior appearance or smell as discerned by the plain eye/ nose as long as the object lays exposed or is felt from the limited search
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.
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
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
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded from use in a criminal prosecution against that person” (Ferdico, Fradella, and Totten, 2009). Before this rule, under common law, evidence was acknowledged in court as long as it satisfied evidentiary criteria for admissibility such as relevance and trustworthiness. Any evidence meeting these principles was admitted because it was considered to be helping to achieve justice. Under common law, evidence that was attained by illegal searches and seizures was allowed (Tinsley & Kinsella, 2003). During this period, the protections of the Fourth Amendment were unfilled words to persons condemned until 1914 in the case of Weeks v. United States.
All evidence found within illegal standing and evidence that is illegally found by police without a search warrant, are inadmissible in court any illegal search done by officers
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
Quinton, P., Bland, N., Miller, Joel (2000) Paper 130: Police stops, Decision-Making, and Practice. London: Home Office
Law Enforcement Action Forum Newsletter. State of Michigan, City of Jackson, Oct 2001. Web. Oct. 2001
Stop-and-frisk is a crime prevention action that allows a police officer to stop and frisk a pedestrian without probable cause to arrest, if the officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime (Stop and Frisk). It was first approved by the Supreme Court in 1968 after the case Terry v. Ohio, which was considered as a landmark decision. The purpose was to reduce the number of crimes and limited use of firearms; but after several years of implementation, it has faced so many oppositions from the people, and did not really get the positive results.
...ained in their questioning. Officers commonly have small cards with the Miranda warnings on them so they don’t forget or skip over a part of ones right, if this does occur evidence still cannot be properly obtained because the person was not fully warned of all their rights. Currently, the only unwarned questioning that can occur is if the officer believes the public is in some type of danger. For example, if police come across a man standing in a convenience store that fits the description of recent thefts in a nearby neighborhood and the man runs once police confront him and is later caught and searched, when upon the search they realize he has an empty shoulder holster. In this scenario the public is in potential danger, the police can ask him where the gun is hidden without reading the man his rights and it would not be violating his Fifth Amendment rights.
Terry was a Clevaland man that was arrested and charged with carrying a concealed weapon. Terry was stopped and searched by an officer that suspected that Terry was going to potentially rob a store. The officer was observing Terry, and approached Terry for questioning, however, he decided to search him first. This quick frisking produced a concealed weapon, which, was why he was charged with the concealed weapon offense. The problem in this case whether a search for weapons without a probable cause of arrest is an unreasonable search under the fourth amendment. Terry allegated that it violated the fourth amendment, in the point of protecting against unreasonable search and seizure. "In a multipart holding, the court acknowledge that because
Stop and frisk-allowed law enforcement officers to stop and search a person suspected of digital-related weapons based on reasonable suspicion (Pollitt, 2002)
As police officer you can stop someone and pat them down this is called a stop and frisk or a terry stop. But you can’t just stop and frisk anyone you want, you have to have reasonable suspicion of involvement in criminal activity. The reason this comes up as a police issue is for two reasons: