Arizona Vs Hicks Case Study

Improved Essays
Citation: Arizona v. Hicks, 480 U.S. 321 (1987)
Parties:
State of Arizona, Petitioner
James Thomas Hicks. Respondent
Facts: In this case, Respondent fired a bullet through the floor of his apartment, striking the person who lives in the apartment below him. Upon arriving at the scene, police entered the apartment to search for Respondent. While at the scene, a police officer found two sets of expensive stereo components and became reasonably suspicious of where it was located. Because of his reasonable suspicion, the police officer proceeded to record the serial numbers. In order to retrieve all the numbers, the police officer moved a turntable. Once the police officer retrieved the serial numbers, he notified headquarters. After the call, the police officer learned that the turntable was stolen and seized the equipment. Because of this result, the police officer charged Respondent with armed robbery.
Prior Proceedings: The
…show more content…
Arizona and the Justin Meyers case from the textbook, there are many similarities and differences that stand out between the two cases. The first similarity is that the facts of the cases each involve some sort of issue regarding admissibility of evidence in plain view. In the Hicks case, the admissibility of the stereo was questioned and in the Meyers case, the admissibility of the bloody handkerchief was questioned. Another similarity that can be seen between both cases is the legality of the seizures in each case. In the Meyers case, the handkerchief was illegally obtained because search warrant only specified the search to be directed towards finding cocaine and cocaine paraphernalia. The judge nowhere in the search warrant specified that bloody handkerchief was to be seized. In the Hicks case, no search warrant was ever issued at all during the police investigation! One final similarity involved the location of the investigation. In the both cases the scene was located in an

Related Documents

  • Improved Essays

    At approximately 1628 hours, I responded to 1890 N. Los Robles Ave., to assist with a Domestic Violence call. Upon my arrival, I made contact with handling Officer Sprague #8091, and he advised me there is an potential Domestic Violence victim at Marengo Ave./Montana St. Officer Sprague told me the victim’s name is Cindy Jordan DOB 07/29/73. I responded to the area of Marengo Ave./Montana St., and made contact with victim Jordan in front of 1940 N. Marengo Ave. Jordan told me the following in summary. Refer to my body worn camera for further details on Jordan’s statement.…

    • 702 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The gun was wrongfully tried for evidence in the Cook County Circuit Court. His attorney rightfully filed a motion to have the gun evidence suppressed before the trial. Wardlow and his attorney fought that the pat-down violated the fourth amendment against unreasonable search and seizure because the police had no…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In the case of the State of New Hampshire v. Sondra Murray, Ms. Murray was charged with disorderly conduct, resisting arrest, and possession of marijuana. She was convicted of the disorderly conduct which violated N.H. Rev. Stat. Ann. § 644:2, and possession of marijuana, which violated N.H. Rev. Stat. Ann.…

    • 805 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Minnesota Supreme Court, thus, rejected the plain view doctrine because, first, the sense of touch was inherently unreliable compared to the sense of sight. secondly, the sense of touch was more intrusive and, thus, infringed personal privacy, the core of the fourth amendment (Minnesota v Dickerson, 1993). Indeed, the officer only determined that the lump in the pocket of the defendant was contraband only…

    • 1014 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    After being denied entry, they left and subsequently returned with a faux search warrant. After this, they promptly entered the residence with force and conducted a search. With this search, they did not find the suspect but instead found obscene materials which were illegal in the state of Ohio. Using the evidence, the officers brought her to trial and she was then convicted for the possession of these materials. The main premise of the case is whether or not evidence obtained illegally can be used as evidence against a suspect.…

    • 1434 Words
    • 6 Pages
    Superior 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 criminal has the privilege to have a sensible safeguard set for the wrongdoing he or she perpetrated and as indicated by the genuine flight hazard which he or she may force. In 1963 a man known as Ernesto Arturo Miranda was captured of charges he actually admited nightfall of interrigation, and was sentenced, and sentenced 20-30 years. Miranda's court apointed lawyer contended taht he was not educated he has a privilege to insight, and his admission was not volontary. The Arizona Incomparable Court ruled upon this case, and announced that Miranda was unconscious of the rights allowed under the fifth amendent's self implication provision, and the sixth alterations right to a lawyer.…

    • 683 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Texas police were dispatched to Lawrence's apartment complex in response to a reported weapons disturbance. Houston police entered Lawrence's apartment and saw him and another man, Garner, engaging in a consensual sexual act. The case began with the arrest of a Houston resident, John Lawrence. Lawrence and Garner were detained and held in police custody overnight. Both men were charged with violating the Texas "Homosexual Conduct" law.…

    • 333 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Kansas Vs Crane Case Study

    • 1265 Words
    • 6 Pages

    Kansas v Crane I. Synopsis Based off the 1997 previous case of Kansas v Hendricks that upheld the constitutionality of the Kansas Sexually Predator Act that confined persons who were likely to engage in sexual violence. In upholding the constitutionality, the court deemed that sexual offender confinement would now be considered civil instead of criminal. So when Michael Crane, who previously was a sex offender who had a mental abnormality was committed, the court found him to civil confinement.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    When officers ran the serial number on the weapon, it was discovered that it had been reported stolen by Willie Deloatch earlier in the morning on 02/28/2016.” Tamar reported he found the firearm lying next to a trashcan…

    • 1040 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Imagine being arrested based on zero evidence to accuse you of a crime and at the very same time being forced to answer intimidating questions that could be used against you. Miranda v. Arizona is an iconic court case that created a large impact on racial discrimination and even how arrests would be made. It started in 1963 when Ernesto Miranda was arrested in Phoenix, Arizona. He was in custody for rape, kidnapping, and robbery. Ernesto Miranda appealed with the Arizona Supreme Court claiming that the police had unconstitutionally received his confessions.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    After having failed in the previous attempt to enter the house, the officers forcibly go in using a purported search warrant and searched the home in which crude materials were found. The rule of law in scrutiny was the violation of the American Constitution as explained in the Fourth Amendment. The law termed all evidence collected in violation of this amendment to be unacceptable and irrelevant in the court proceedings. Question…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Essay On Exclusionary Rule

    • 1086 Words
    • 5 Pages

    One of the most controversial, and perhaps,most important American legal principle, is the exclusionary clause which under Constitutional law, holds that evidence collected or analyzed in violation of defendants constitutional rights is not permitted for use in criminal persecutions. Sparked by the famous case Mapp v. Ohio, the exclusionary rule has a fair share of critics who argue that police blunders let criminals go free. In the 1961 Supreme Court case, Dollree Mapp was convicted when police searched her house ,under a false warrant, for a suspected bomb fugitive and found “lewd, lavicious, or obscene material”, otherwise known as pornography. Mapp claimed the police had no probable cause to search for the obscene materials found; the Court let her go because the material had been seized without a warrant. Despite the occasional occurrence of criminals going free, the exclusionary rule is vital to democracy because the principle ensures liberty and justice in America for all.…

    • 1086 Words
    • 5 Pages
    Improved Essays