Nazia Hanif Crim Pro pd. 5
Motion to Suppress
The City of New York vs. L.O.L.
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant files this Motion to Suppress pursuant to the Fourth Amendments to the United States Constitution.
The school officials searched through the defendant’s phone without a warrant. The officials have the ability to preserve the evidence while awaiting a warrant by disconnecting the phone from the network. Riley v. California 573US_2014.
The ringtone “Because I Got High” is not reasonable suspicion as it does not directly relate to whether or not L.O.L. had possession of marijuana. People use songs as ringtones all the time. Even songs of controversial subjects. The song itself does not contain any specific and articulable facts pertaining to L.O.L. and his drug use, if any. …show more content…
Therefore there was not any probable cause or reasonable suspicion for the search of the cell phone. The contents of the bag, including a vaseline jar and a sandwich wrapper, do not give reasonable grounds for the search of the phone. If Sanders and Turpin found no marijuana on L.O.L. and sent him back to class, what was the purpose of keeping his cell phone as there was no reasonable suspicion and probable cause.
Similarly in the case G.C. v. Owensboro Public Schools (2013), the Sixth circuit had ruled against the school’s search of the student’s cell phone. The court reported that despite the school’s knowledge of G.C.’s prior behavioral problems, the school officials had no specific reason at the time of the search to believe that he was engaging in an unlawful
Motion to Suppress
The City of New York vs. L.O.L.
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant files this Motion to Suppress pursuant to the Fourth Amendments to the United States Constitution.
The school officials searched through the defendant’s phone without a warrant. The officials have the ability to preserve the evidence while awaiting a warrant by disconnecting the phone from the network. Riley v. California 573US_2014.
The ringtone “Because I Got High” is not reasonable suspicion as it does not directly relate to whether or not L.O.L. had possession of marijuana. People use songs as ringtones all the time. Even songs of controversial subjects. The song itself does not contain any specific and articulable facts pertaining to L.O.L. and his drug use, if any. …show more content…
Therefore there was not any probable cause or reasonable suspicion for the search of the cell phone. The contents of the bag, including a vaseline jar and a sandwich wrapper, do not give reasonable grounds for the search of the phone. If Sanders and Turpin found no marijuana on L.O.L. and sent him back to class, what was the purpose of keeping his cell phone as there was no reasonable suspicion and probable cause.
Similarly in the case G.C. v. Owensboro Public Schools (2013), the Sixth circuit had ruled against the school’s search of the student’s cell phone. The court reported that despite the school’s knowledge of G.C.’s prior behavioral problems, the school officials had no specific reason at the time of the search to believe that he was engaging in an unlawful