A Case Summary: Schneckloth. V.

Improved Essays
Activity #2
Good afternoon, my name is Shameka Price. Today, I’m representing the defendant Jacob Covington. My defendant stands here falsely accused of the possession and distribution of child pornography which is a very is a serious matter. A possession conviction can lead to 10 years in prison. Any child pornography conviction can require him to register as a sex offender for the rest of his life. This can adversely impact the defendant’s ability to work, where he can reside, and even whether he can associate with his own children or family. At the conclusion of the case we will ask for a verdict of not guilty on the grounds that his search was unconstitutional and he did not deliberately act to distribute or deliver the material on
…show more content…
According to Rutledge (2006), “If you have the voluntary consent of the suspect to enter a residence or to conduct a search, a resulting seizure of evidence will generally be reasonable under the Fourth Amendment (Schneckloth v. Bustamonte).”
According to US Legal (n.d.) , “Third party consent refers to a person's agreement to official action like search of premises that affects another person's rights or interests”. Matthew Stevens, let them into Jacob’s room. Third-party consent must be based on the consenting person's common authority over the place to be searched or the items to be inspected. Matthew Stevens was Jacob’s roommate.
LimeWire is a file sharing program that permits outside users to download material in the share folder to their computer. In my opinion, I feel that the defendant will be charged with distribution of child pornography, because the police had probable cause to search the premises after his roommate gave them permission to search. Matthew Stevens, a third party ultimately shared a common authority over the property with the defendant Jacob Covington may, I think this gives police effective consent to a search of the defendant's

Related Documents

  • 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

    Wilson Vs Arkansas

    • 1024 Words
    • 5 Pages

    Issue- Whether it was reasonable under the 4th amendment for the officers to enter a home without a warrant. Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)…

    • 1024 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Miss Mapp Case Study

    • 948 Words
    • 4 Pages

    Introduction: In 1957 the appellant Miss Mapp was forcibly restrained by members of the Cleveland Police force while undergoing an unlawful search of her home. She had denied the police entry because they failed to produce a search warrant, though police still forcibly entered the appellant’s home. Members of the police claimed to be searching for an individual in connection to a recent bombing, who they believed Miss Mapp was harboring. This individual in question was never located on the premise.…

    • 948 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The exclusionary rule became very specific as to what was excluded and what wasn’t overtime due to certain cases. In Katz v. United States, 1967 abstract items were protected from unreasonable searches and seizures and found objects like waste and garbage are not applied in the fourth amendment (California v. Greenwood, 1988) The biggest concern after this was whether or not this clause also apply to students. Two students in Middlesex County,New Jersey were at their high school and were caught smoking in the restroom by a teacher. T.L.O. (Tracy Lois Odem) and the other student were taken to the principal’s office.…

    • 479 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Pete File Case Summary

    • 1251 Words
    • 6 Pages

    In a hypothetical scenario, Pete File lives in a fictional state of Lake Forest, where a law exists that prevents a sex offender, such as Pete, from using social media that a minor may access. This situation is about Pete’s use of social media in opposition to the law. The law prohibits registered sex offenders from using social media. The purpose of the law is to prevent communication between sex offenders and minors. This is to help preserve the safety of the minors.…

    • 1251 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    A Search warrant is defined as “a warrant issued by a competent authority authorizing a police officer to search a specified place for evidence even without a occupant’s consent”(LII, 1). This has then given him enough evidence so that it was okay to observe the car. This connection can be linked to the Fourth Amendment which is defined as “the reasonable belief that a crime has been committed and that the person is linked to the crime with the same degree of certainty”(Criminal Procedure, 1). Along with searching cars; police officers are about to go searching homes, persons, and even schools if they felt that there is any reasonable doubt to continue on with pursuing the search any further. Being able to seize that object allowing that officer to use in court against that person is their…

    • 767 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Mapp V. Ohio

    • 629 Words
    • 3 Pages

    Mapp v. Ohio was a notable landmark supreme court case that focuses on the fourth amendment which is protection from unreasonable search and seizures being violated. In this case, Dollree Mapp’s fourth amendment right was violated. In a 5-3 majority of Mapp’s favor, I reject the dissenting opinion. In Justice Harlan’s dissenting opinion, he argued that the majority had faced the wrong issue in their decision.…

    • 629 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Progress: Mr. Griffin current progress in sex offender specific treatment is improving and is now considered satisfactory. While Mr. Griffin continues to have challenges with denial, specifically, not having intent in committing his index sex offense. He has never denied giving the victim in this case an STD, but in his mind not having intent makes him guilty of bad judgment and not a sex offense. Mr. Griffin’s current challenge has been his inability to take action. He is currently 73 years old and has medical issues that should be addressed/evaluated by a medical professional, desires more flexibility in his supervision, but resists taking the necessary steps to create a safety plan, out of spite against what he calls “The System”.…

    • 1884 Words
    • 8 Pages
    Improved Essays
  • Decent Essays

    One of the great things the 4th amendment does to benefit denizens is protects your privacy. The law enforcement will not be able to probe your house without a search warrant. So if the law enforcement were to probe your house without a warrant, they are not licitly sanctioned to probe you. The search will have to be proven as a probable cause, by a judge if the law didn’t get your sanction. The judge and the citizen that is being probed will have to both prove: how the search will benefit them, or is irreverent to the citizen that the law wants to search.…

    • 157 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The Fourth Amendment created a major impact in today’s society not many citizens; teenager and adult are aware of their Fourth Amendment rights.…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    According to the United Nations, privacy is basic human right that should be protected by law. The United States Constitution also implies a right to privacy in the Fourth Amendment. Recent laws passed by the government have raised questions about whether the government’s actions infringe upon a citizen’s right to privacy. The USA Patriot Act was the first of many laws that increased the powers of government organizations such as the NSA and the FBI. The law allowed these agencies to access private records of US citizens without the need of a warrant or judge’s consent.…

    • 716 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The methods or ways which law enforcement can determine whether or not person (s) who granted consent to search someone else’s computer are found in the federal case of “U.S. v. Smith,” which involves a “third-party” consent to search a computer that is “normally” used by the third-party and others. In Smith, police were contacted by Smith’s live-in girlfriend to report that she had found child pornography on Smith’s computer which they “shared.” At the appeal trial, Smith’s attorney argued that Smith’s girlfriend; while she lived with him, did not have the legal authority as stated by the Supreme Court’s (the Court) ruling on exceptions to the Fourth Amendment, to grant consent to the search of his computer. (Knetzger, Michael and Muraski, Jeremy, 2008) (p. 245)…

    • 1746 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Consent to search and seizure should be granted in a household in which two persons share a computer but use different login names and passwords when both parties are present and both most give consent otherwise officers can only search the consenting persons portion of the computer. If the one person is present and the other person isn’t the only way the person who is home has authority to consent to a search of the whole computer is by providing passwords for both users. It is recommended that you get consent in writing and make sure the individual understands the scope of consent as a layman would. Also, be very specific and detailed in the request for consent (Knetzger, 2008). Defendants may claim that the person who granted consent to search and seizure did not have the authority to do so.…

    • 451 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories.…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    When it comes to being searched but a police officer whether it 's the suspect, the crime scene, or your automobile. Alot of people may or may not know that due to the fourth admendment they are protected against police searches if an officer doesen 't have probable cause and a search warrant. When a police officer has probable cause which is the minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being commited by a personwho is about to be arrested. For example if the suspect attempted to run whn approached by the officer, if the suspect admitted to any part of the alleged crime, or if the suspect behaved furtively like if they were trying to hide something. Situations like these give officers probable cause.…

    • 782 Words
    • 4 Pages
    Improved Essays