The Court of Special Appeals of Maryland affirmed. The Supreme Court then granted certiorari and then reversed the Court of Appeals of Maryland’s decision Facts: Joseph Pringle was a front-seat passenger in a car that was stopped and searched by police. After police found $763 in cash in the glove compartment and baggies of cocaine hidden in the armrest in the back seat, Pringle was arrested. Pringle…
Leon was charged with violating the federal drug trafficking laws, during trial the court granted Leon’s suppression for motion because the officers didn’t properly issue the warrant on probable cause. The court found that the warrant contained false information which limited corroboration by the officers. The court…
The Supreme Court's decision in New Verses versus T.L.O was that the search was legal and that it didn't violate the 4th amendment. The Court also held that school officials need "responsible suspicion" instead of a higher level of "probable cause" and that such a warrant wasn't needed. There should be "responsible suspicion" since students still have some rights at schools, and without a "responsible suspicion", the school officials would be breaking the Fourth Amendment. Yes, the Supreme Court's decision was the correct one because students should have some rights when at school, but if associated with what could lead to a bigger consequence or investigation, the school officials should be able to search and do what they can without a warrant…
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.…
United States in 1928. In this case, a group of individuals were convicted in U.S. district court of illegally possessing, transporting, and importing intoxicating liquors during Prohibition. Government evidence leading to these convictions was obtained by wiretapping the plaintiffs' telephones. The plaintiffs argued that the evidence was obtained in violation of the Fourth Amendment prohibition of unreasonable search and seizure, and appealed their case to the U.S. Supreme Court where their convictions were upheld. At the time, Chief Justice William Howard Taft delivered the Court's opinion, stating that the language of the Fourth Amendment " . . .…
The issue within the United States v. Russell case was did entrapment occur within the case. Russell argued that entrapment did occur. The reason being is because Joe Shapiro who was an undercover DEA officer who provided Russell with the ingredients to make illegal methamphetamine. Joe Shapiro providing ingredients shows that he helped participate in the criminal activity that was occurring. Therefore, Russell defense argued that since Joe Shapiro participated within his enterprise for the specific crime he is being charged for it should be considered entrapment.…
Introduction The Bill of Rights was passed in 1791. It is composed of the first 10 amendments proposed to the Constitution and encompasses a wide range of protections for American citizens (Lab et al., p. 41). One such protection comes from the fourth amendment which states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized (Lab et at., p. 42).…
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.)…
This ruling prevents government officials from the continuance of unlawfully obtaining evidence and reinforces the Fourth Amendment. It took a liberal court to strike down what was bad law and apply the extension of the Fourth Amendment protection not to property, but to…
The Cocaine Kids is the story of eight kids and their roles in the fast lane of the underground illegal drug ring. William states, “My intention is to throw light on a major and complex social problem, but without blaming the victims and without placing teenagers in stereotypical roles.” Williams argues the poverty and drug ring leads to a social problem for the young dealers, “grow to adulthood with little time to be young” For four years, Williams spent time with the “Kids”, earned their trust, and observed their weekly routines, some more in depth than others. Williams’ observations were recorded from 1982 to 1986 in Washington Heights (Spanish Harlem), in New York City, during the Reagan era. Williams, a well- known sociologist, with…
After finding out the officers violated the 4th amendment the judgment of this court was reversed. In order for this search to be legal there would have to be a good reason to search the house. This reason would be used to try to get a search warrant. Because they did not get a warrant, it is illegal. Even if the evidence is strong, it is not allowed to be used in…
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…
Specialized courts have been instrumental in deviating the impact of overpopulated and taxed prison systems. Accordingly, they provide an environment that allows drug abusers to correct their behavior and lessen recidivism for similar crimes (Drug Courts, n.d.). The advantage of having a drug courts improve the treatment an offender gets and allows them to take charge over the positive changes in their day-to-day lives. The National Institute of Justice has found that recidivism rates drop significantly around 17%-26% depending of the programs used and assignment of judges over the length of time done (Do Drug Courts Work? Findings From Drug Court Research, n.d.).…
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…
Drug Paraphernalia Florida Statute 893.145 The Fort Lauderdale Defense Lawyer Bradford Cohen has experience in criminal cases of Drug Paraphernalia. You can be criminally charged with possessing syringes, rolling papers, pipes, bongs, straws, or anything else used to ingest or assist in ingesting illegal narcotics. There is a wide use of discretion when it comes to getting charged with this crime. Usually it is charged along with a criminal charge of possession of drugs or narcotics, but it does not have to be charged in such a manner.…