reasonably, albeit mistakenly, believe that the third party “has actual authority over the place or thing to be searched.” Hubert, 312 S.W.3d at 561. The state has the burden of proving that the third party had apparent authority. Id. at 561. Further, an objective standard is employed to determine whether the third party had apparent authority. Limon v. State, 340 S.W.3d 753, 756 (Tex. Crim. App. 2011). More specifically, the court asks if “the facts available to the officer at the moment…
Carmella Iacovetta Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990) Facts: The state police of Michigan and its director set up a sobriety checkpoint with the sole intent of catching intoxicated drivers. An advisory committee was created that set up guidelines with well-defined procedures. A state road was selected for the pilot checkpoint. The guidelines stipulated that if the driver appeared to be intoxicated, an officer would pull them from the flow and check their license and…
Mendez case, where the use of excessive force is argued in an instance that left the victims with a crippling injury on top of many bullet wounds. Mendez sued because the officers in question shot sans warrant and against the Mendez couple’s fourth Amendment rights. Thus, the policy issue reached the Supreme Court to rectify relevancy for excessive force in this particular case that could put more favor to the police or the victims. This was an especially sought over topic as it was happening at…
Service Dogs relate to the Fourth Amendment it’s not always something people might want to talk about or learn about. My objective or purpose for this research paper is to inform the readers of the 4th Amendment, to educate those on Police Service Dogs and how they work, and to show how they both work together. Throw out this paper it will cover History, interview with Chief Paul Curtis on finding the right dogs, how they work with the fourth amendment, Viewing the Fourth Amendment and Police…
Ardently, Criminalist Pete Evett was collecting fiber evidence from the scene of a murder. However, the decisions that Pete Evett will make in his collection process are not the suitable methods that he should utilize to collect the evidence. As Pete enters the crime scene he notices fibers on the victim’s shirt and trousers, and he places both of these items in a plastic bag. Then, he notices fibers on a sheet near the victim and he balls the sheet up and places it in a separate bag. Finally,…
On Sunday 06/19/16 at 0008 hours I was dispatched to Green River Community College located at 12401 SE 320TH ST in the City of Auburn, King Co, WA for a recovery of a stolen vehicle. Dispatch advised a Kent Police Officer who is part of the Auto Theft Task Force, stated there was possible an unoccupied blue Ford pickup with an Idaho plate, but unknown what the number was. Officer T. Nunn arrived to assist me in searching the parking lot of the college and informed me that the truck was…
In summary, on 08/04/17 at 2234 hours, Ofc. Coleman #214 and I assisted Tactical Officers (T/O) Robinson #390 and E. Perez #397 in regards to DUI investigation located at 1400 S 58th Avenue. Upon arrival, I spoke with T/O E. Perez #397, who related he observed a vehicle parked in yellow with person in the driver seat sleeping. T/O E. Perez #397 further related he woke up the driver, who was now identified as (Diego Hernandez, Juan Jose DOB 04/22/94). Juan had signs of impairment (glassy…
CPL Cortesio, you are being counseled for failing a sobriety test on 1 Oct 2017 at or around 0030 with a BAC at 0.095. You stated to me that you were leaving SPC Ramsey's house (which is a shared residence with yourself) and were on your way home to Manhattan when you were pulled over for speeding. Upon further investigation, the event as i gathered, you were drinking at SPC Ramsey and your house at a bar-b-Que. that you were having with select soldiers and NCOs from the unit. You then proceeded…
In the United States a person is arrested when a police officer believes an offense has taken place or is about to take place. In order for the police officer to make an arrest he or she must meet certain criteria they have to adhere to. Probable cause or reasonable suspicion is the legal standard which authorizes a police officer the right to make an arrest, conduct a personal or property search or obtain a warrant. When a person is arrested he or she must be read their Miranda rights. The…
violated of his 4th Amendment rights, had taken this to court. After the court denied their motion to suppress, Chilton and Terry waived jury trial and pleaded not guilty. The court came to the conclusion that they were guilty, and the Court of Appeals for the Eighth Judicial District affirmed. The Supreme Court of Ohio granted certiorari to determine whether the admission of the revolvers in evidence violated petitioner’s rights under the Fourth Amendment, made applicable to the States by the…