Gant V. Arizona Case Study

Improved Essays
Gant was arrested for driving with a suspended license by police. Before officers searched his car, Gant was handcuffed and placed in a patrol car. In the vehicle search, officers found cocaine and a handgun. During trial, the court denied Grant’s motion to overturn the evidence of cocaine and the handgun on grounds that police lacked a search warrant for his vehicle, and therefore violated his Fourth Amendment rights. The Court denied his motion, ruling the evidence obtained through a legitimate stop and arrest, and in result Gant was convicted with procession of cocaine. He decided to appeal the conviction to the Arizona Court of Appeals where Arizona reversed the decision by ruling the search was unconstitutional, and the Arizona Supreme

Related Documents

  • Improved Essays

    The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • 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

    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
  • Decent Essays

    Brianna Kalas September 28th,2016 Pol 344 Gibbons V. Ogden 22 U.S. 1 (1824) Facts: Aaron Ogden also know as the governor of New Jersey at the time and Thomas Gibbons were former business partners, who found themselves against one another in this historical case. Ogden was granted a New York license to run ships between New york city and New Jersey, while Gibbons had a federal license to run his ferry business from Elizabethtown New Jersey to New York city. Therefore, the two businesses were in competition with each other, leading Ogden to sue Gibbons in the New york courts. Ogden’s victory in the first case was based on his New York steamship license.…

    • 446 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Pervear v. Massachusetts was a case over the issue of prisoners' rights brought to the United States Supreme Court in 1866. The Court was asked to rule on fines imposed upon a liquor dealer by the state. Pervear was licensed by the United States under the current internal revenue code to keep and sell liquor. He was fined and sentenced to three months of hard labor for failing to have a state license for his liquor store. He pleaded that he had a license from the United States under the internal revenue acts of Congress, he had paid a tax for the keeping and selling of intoxicating liquors, and that the fine and punishment imposed and inflicted by the law of Massachusetts was cruel, excessive, and unusual.…

    • 365 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Terry Vs. Ohio Case Study

    • 336 Words
    • 2 Pages

    Alba Zhingri Terry vs. Ohio This case was decided on June 10, 1968. Detective Martin McFadden was known on the Cleveland police force for his skill in apprehending pickpockets. He was patrolling for many years. On October 31, 1963 he saw two men, John W. Terry and Richard Chilton, standing on a street corner and acting in a suspicious way.…

    • 336 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    In the court case Garrity Vs New Jersey the officer on trial was made to incriminate himself by being forced to testify. This officer was later convicted on his testimony. The supreme court hailed that the officers answers could not be used against him in his criminal trial because the fifth amendment forbid a coerced confession. Today the Garrity rule states if an officer is compelled to provide self incriminating statements information or statements such statements can not be used in a criminal proceeding, but officers can be disciplined or discharged.…

    • 299 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Achman Case Study

    • 748 Words
    • 3 Pages

    During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. The 4th amendment 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 persons or things to be seized. " This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio.…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Billings Police officer, Grant Morrison deprived Mr. Ramirez of his constitutional right to be protected by the fourth amendment and the fourteenth amendment and the right to unreasonable search and seizure and the right to be free from excessive police abuse and the right to be free from Grant Morrison's unlawful, reckless, and deliberate indifferent and conscience shocking deadly force. The Billings police department ie: Officer Grant Morrison and boss, Billings Police Chief Rich St. john acted in wrongful conduct which was deliberate in thoughts and actions by knowingly committing Maliciously, reckless disregard for the right and safety of a citizen of Billings, namely Richard Ramirez. What is sad and horrific in nature, are the actions of Billings Police Chief Rich St. John who created and fostered an environment with in the Billings Police Department of practices, customs and policies that encouraged and allowed…

    • 698 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    When the privacy of students comes into question there are mixed responses, especially when it comes to the contents of a student’s bag. From the landmark supreme court case TLO v. New Jersey, the privacy students have in school has inevitably come into question. Whether TLO or New Jersey was right, this court case changed the way we look at students and their privacy. Some may argue that students have no privacy in school while others may think they have too much. Has the Supreme Court already decided where they stand on this hot button topic?…

    • 1193 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Cops in all states are allowed the authority to utilize constraint to fulfill legal targets, for example, capture, passage to serve a warrant or make a capture, and detainment. Freeman v. Gut, 483 F.3d 404 (fifth Cir. 2007).The 1989 case of Graham v. Connor is a exemplar of how the activities of one officer can begin a procedure that utilizes the law. Utilizing the Graham standard, an officer must apply unavoidably suitable levels of force, in view of the exceptional conditions of each case. The officer's drive ought to be connected in a similar fundamental manner that a "objectively reasonable" officer would in similar conditions.…

    • 265 Words
    • 2 Pages
    Improved 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

    But he also thought that things had changed since he was a district attorney. The professional criminal of the Prohibition and Depression era knew what he was doing and took his chances. The average criminal of the 1950s and 1960s, though, might have turned to crime because of disadvantages or because of degradation (Warren, 1977). The criminal procedure cases coming before the Warren Court involved, from Warren’s point of view, principles of fairness and equality that were all part of the Constitution.…

    • 346 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
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays