Arizona Vs Gant Case Studies

Improved Essays
SCOTUS decision in Arizona v. Gant (2009) affected the admissibility in federal prosecutions of evidence obtained by local, federal and local law enforcement agencies as the result of the search of an automobile incident to the lawful arrest. The Gant decision was not a winning situation for law enforcement. The Gant decision should have taken into consideration the arrestees and their immediate area of control for weapons, and to allow officers to prevent the destruction of evidence by the suspect. The United States Supreme Court arguably placed a limit on the ability of law enforcement officers to search of an vehicle incident to the arrest of the driver or an occupant. It curtailed the practices under New York v. Belton (1981) by removing

Related Documents

  • Improved Essays

    Case Citation: Maryland v. Pringle, 540 U.S. 366 (2003) Parties: State of Maryland, Petitioner / Appellant Joseph Jermaine Pringle, Defendant / Appellee Case Facts: On August 7th, 1999 a Maryland police officers legally stopped a car for speeding in the early morning hours. The car was occupied by three men, to include the Defendant/Appellee Joseph Jermaine Pringle. The Officer that initiated the stop saw a large roll of cash in the glovebox while the driver was retrieving his registration. All men were checked and cleared for outstanding warrants and a warning was issued to the vehicles driver. The officer requested and was granted permission to search the vehicle.…

    • 659 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bma Wurie Case Study

    • 123 Words
    • 1 Pages

    The second case featured a man, Brima Wurie, who was arrested after a couple of police officers caught him in the middle of a drug deal. The officers seized two of Wurie’s cell phones and brought him back to the police station. Wurie’s flip phone kept receiving a call from the same number and the officer’s tracked it back to his apartment, where they “215 grams of crack cocaine and a loaded firearm.” Wurie was kept for drug and firearm charges that wouldn’t have been discovered if not for information presented by his flip phone during the warrantless search. The District Court denied Wurie’s request, which asked for the evidence obtained through the search to be thrown out, and then he was convicted.…

    • 123 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    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.…

    • 390 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The trial court, in this case the Superior Court, dismissed, or dropped, the charges against Mr. Greenwood stating that the warrantless searches of Mr. Greenwood's trash violated the protection from unreasonable search and seizure in the Fourth Amendment of the Constitution. The government then appealed to the Court of Appeals and the California Supreme Court, both courts denied the government's claims and the case was finally appealed the United States Supreme Court.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.)…

    • 327 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    An officer has to have a proper understanding when searching or arrest warrants are required. It is important to know how to legally search and seize a person, place, or item. The fourth amendment protects citizens of America by injustice government searches and seizures of people’s house, papers, vehicles, and other items. The fourth amendment says that no warrant should be issued but only by probable cause supported by an oath or a place to be searched or items to be seized. There is seven exception for the fourth amendment search warrant requirement that are lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles and motor vehicle.…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Is a person's private property really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous tree”(Understanding Search-and-Seizure Law).…

    • 594 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The NYPD implementation of its Stop, Question, and Frisk program under Mayor Bloomberg and the NYPD Commissioner Kelly has been a heavy controversial subject for decades (Garrison, 2014). Stop-and-Frisk has also been a contentious law enforcement practice since it was first approved by the Supreme Court (Rudovsky and Rosenthal, 2013). Terry Vs. Ohio established the Stop-and-Frisk act in 1968, concluding that the law enforcement had the right to stop citizens under reasonable suspicion that they have committed, committing or going to commit a crime. It was also concluded that if the law enforcement suspected citizens to be armed and/or dangerous, they could conduct a “frisk” or a pat down to citizens outer clothing in search for weapons.…

    • 321 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The case of New Jersey v. TLO (1985) being an example of the search without warrant. A young lady who was a student at a public high school was caught smoking on school premises, leading to the school performing a search of her personal belongings. She was charged for the dealing and ownership of the drugs found in the search. After the Supreme Court deemed it to be a reasonable search, because the school officials had a reasonable suspicion being the cigarettes to perform said…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    After losing an appeal to the Ohio Supreme Court, Mapp took her case to the U.S. Supreme Court. When brought to the U.S. Supreme court they determined that the evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts. (”Mapp v. Ohio (1961) Exclusionary…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The question of the case against Mapps was if the evidence obtained through the search violated the Fourth Amendment and should it been allowed for criminal proceeding…

    • 1229 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    As we have seen from Part I of this note, Supreme Court jurisprudence is extraordinarily deferential to police officers’ actions and decisions, reflecting an often expressed idea that police officers are simply doing the best that they can in a difficult job. Our deep-rooted system of deference makes it far too difficult to hold police officers and departments accountable for any misconduct. Section 1983 litigation does nothing to help control or regulate police use of force because (1) only a small fraction of section 1983 litigation is successful and (2) even if the plaintiff prevails, the multi-million dollar payouts and settlements only punish the city’s taxpayers and does nothing to incentivize departments to control or regulate police…

    • 1003 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Walking While Black

    • 994 Words
    • 4 Pages

    Laws are passed even amendments are made but those same laws can be and are violated every day. When searched in Google what the most violated right was and search and seizure was the first link that appeared. Prohibition against illegal search and seizure is founded in the fourth amendment to the constitution which prohibits unlawful searches and seizure unless there is probable cause. Probable cause is a requirement that law enforcement must have in order to conduct a warrantless search of a vehicle. In Terry v. Ohio 1968, Terry argued whether or not his fourth amendment right was violated after an officer approached him, searched his person before being questioned, and charged him with carrying a concealed carrier (i.e. carrying a handgun).…

    • 994 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Privacy In Our Vehicles

    • 506 Words
    • 3 Pages

    As American citizens, we enjoy safeguards against unreasonable searches and seizures afforded to us by the 4th Amendment. Furthermore, the 4th Amendment grants us a reasonable expectation of privacy within our homes and on our persons. But, you may ask, what about when we are in our vehicles?…

    • 506 Words
    • 3 Pages
    Improved Essays