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Drug trafficking and its implications
Short note on drug trafficking
Drug trafficking research paper
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Facts of the Case In the early hours of the night on June 1993, Whren and Brown were driving the Pathfinder truck in a high drug region. In the same locale, two plainclothes police officers with unmarked police car were mandated with the task to patrol the area in the District of Columbia. It’s at this juncture that the police officers observed that the Pathfinder truck in which Whren and Brown were driving had stopped at a crossing stop sign for an extraordinarily long time (Whren v the United States, 1996). Without even signaling, Whren turned right sharply and sped off on realizing that the police officers had made a U-turn towards them. Similarly, as this was in violation of the traffic rules the police officers raced after them and stopped them at the side of the road at a red light. Notwithstanding, Whren was found to hold two plastic bags of what seemed like crack cocaine in his hand when the police came to the vehicle. Whren and Brown were thus incarcerated on federal drug charges. Before the trial, counsel for the defense progressed to overturn the possession of drug evidence. They contended that the police were in violation of the fourth amendment of the constitution as the police had wrongly used the pretext of a traffic stop to investigate possible drug crimes …show more content…
Thus, though the police initial intent was in violation of traffic rules, questions had to arise when they apprehended Whren and Brown on other drug-related charges an otherwise violation of the fourth amendment. The fourth amendment would prohibit against unreasonable seizure unless the police were motivated by the need to enforce the law. Indeed, the court still had to try and prove whether the police conduct deviated from the standard police practices. Lastly, it was left to the court to show whether the police had the right to arrest the two men on drug-related charges rather than the traffic violation (Whren v United States,
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.
Overall this was a great case to read. Arizona v. Hicks held that the 4th Amendment requires the police to have probable cause to seize items in plain view. Again the major facts of this case were that the police had initial entry into Hick’s apartment. Even though it took place without a warrant.
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
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
The issue is whether there was a 4th Amendment and 6th Amendment violation in the search of the car and the subsequent confession.
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.
There are records of many cases that has created controversies over reasonable or unreasonable searches and seizures. As stated in the fourth amendment,
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.
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
City of New York: The difficulty of proving fourteenth amendment violation” by David Clark, he writes about how the stop and frisk violated the fourth and fourteenth amendment by providing statistics. In this reading he mentions, “Although, these Fourth Amendment holdings are important, the most controversial holdings relate to the discriminatory intent behind the policy and the Fourteenth Amendment violation by the New York Police Department (N.Y.P.D.) in the way they carried out their stop and frisk program.” (Clark 342) which is true, because according to the fourth amendment no person should be searched or seized without warrant, unless it’s an reasonable suspicions and under the fourteenth amendment which protects individuals life, property and liberty which should not be violated by any governmental officials. However during stop and frisk police officers not just violating a person fourth amendment, but they also discriminating and abusing the humans rights. No person should receive a physical and verbal abuse, first and foremost it’s not just a discrimination, but also emotional and mental breakdown of the individual who is stopped and frisk even if the person is innocent. Clark also mentions “police departments can and should be better incentivized to follow protections offered by the Constitution with a Fourteenth Amendment exclusionary rule for unlawful, racially selective stops.” (Clark 343) meaning that
There are more people in prison and jails today just for drug offenses than were incarcerated for all reasons in 1980. The absence of significant constraints on the exercise of police discretion is a key feature of the drug war’s design. It has made the roundup of millions of Americans for nonviolent drug offenses relatively easy. Furthermore so long as a police officer has reasonable suspicion that someone is engaged in criminal activity and dangerous, it is constitutionally permissible to stop, question, and frisk them even in the absence of probable cause. Police officers also have the habit of following vehicles in the hopes that they make an illegal drive procedure so they may stop them. The average person feels obligated to let the police