Case Brief # 3
Fernanda Sbordone
LEG110
12/5/2016
Instructor: Ms. Roland
Arizona v. Evans Citation. 514 US 1 (1995)DOCKET NO . 93-1660 .Arizona Supreme Court. BRIEF FACT OF SUAMMRY : In January 1991, Phoenix police officer Bryan Sargent observed Isaac Evans driving the wrong way on a one-way street. Sargent directed Evans to pull over and asked to see his license. FACTS: Evans informed Sargent that his license was suspended, and upon running the license, Sargent found that there was also an outstanding warrant for Evans’ arrest. During the arrest, Evans dropped a hand-rolled cigarette that smelled of marijuana, so officers searched his car and discovered a bag of marijuana. When Evans was charged with possession of marijuana, the …show more content…
Rehnquist delivered the opinion of the 7-2 majority. The Court held that the Supreme Court has jurisdiction to review cases from state courts that deal primarily with federal law. The Court also held that the Fourth Amendment was designed to protect against intrusions into a home or onto private property, or the conduct of police officers. The exclusionary rule therefore does not apply to the conduct of judicial officers. Justice Sandra Day O’Connor wrote a concurring opinion where she argued that the majority’s decision does not allow any evidence that is the result of a clerical error. Rather, the police must rely on accurate record-keeping systems in order to admit evidence found based on the information in those records. Justice David H. Souter and Stephen G. Breyer joined in the concurrence. In his concurrence, Justice Souter wrote that the majority’s opinion should be read as dealing solely with the issue of this type of clerical error, and not as dealing with the concept of how deterrence by exclusion extends to the government as a whole. Justice Breyer joined in the
Fernanda Sbordone
LEG110
12/5/2016
Instructor: Ms. Roland
Arizona v. Evans Citation. 514 US 1 (1995)DOCKET NO . 93-1660 .Arizona Supreme Court. BRIEF FACT OF SUAMMRY : In January 1991, Phoenix police officer Bryan Sargent observed Isaac Evans driving the wrong way on a one-way street. Sargent directed Evans to pull over and asked to see his license. FACTS: Evans informed Sargent that his license was suspended, and upon running the license, Sargent found that there was also an outstanding warrant for Evans’ arrest. During the arrest, Evans dropped a hand-rolled cigarette that smelled of marijuana, so officers searched his car and discovered a bag of marijuana. When Evans was charged with possession of marijuana, the …show more content…
Rehnquist delivered the opinion of the 7-2 majority. The Court held that the Supreme Court has jurisdiction to review cases from state courts that deal primarily with federal law. The Court also held that the Fourth Amendment was designed to protect against intrusions into a home or onto private property, or the conduct of police officers. The exclusionary rule therefore does not apply to the conduct of judicial officers. Justice Sandra Day O’Connor wrote a concurring opinion where she argued that the majority’s decision does not allow any evidence that is the result of a clerical error. Rather, the police must rely on accurate record-keeping systems in order to admit evidence found based on the information in those records. Justice David H. Souter and Stephen G. Breyer joined in the concurrence. In his concurrence, Justice Souter wrote that the majority’s opinion should be read as dealing solely with the issue of this type of clerical error, and not as dealing with the concept of how deterrence by exclusion extends to the government as a whole. Justice Breyer joined in the