Minnesota Vs Dickerson Case Summary

Improved Essays
Name:
Case brief assignment
Prof:
Minnesota v Dickerson, 508 U.S.3669 (1993)
Facts of the case
Two Minneapolis police officers were patrolling the North area of the city in a marked police car in the evening on November 9, 1989. There was the defendant, Timothy Dickerson, in a known drug zone. At around 8:15 p.m., one officer observed the defendant leaving a 12-unit apartment building along Morgan Avenue, a renowned drug sale premise. Accordingly, after noticing the police car, the defendant abruptly halted and walked in the opposite direction. The action portrayed by the respondent aroused the suspicion of the police officers, who saw him enter into an alley on the near side of the apartment building. Due to the defendant’s temporary nature
…show more content…
Indeed, the Terry search principle was regarded, and the limit to which it was supposed to be conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is retrieved, then the officer cannot ignore the contraband as the Fourth Amendment does not suppress it under those circumstances. However, the court in Long had ruled that if police lacked probable cause in believing that the object in plain view was contraband then conducting a further search to make the object apparent would make the plain view doctrine unwarranted with the seizure of the contraband. 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

Related Documents

  • 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 this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…

    • 351 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Searching procedures at county jails strike a reasonable and required balance between the inmates' privacy and the institutions need to safeguard the safety of both the inmates and staff. Reasoning: Issue 1: The court held that correctional officials need sensible discretion to formulate practical solutions to troubles facing correctional facilities. This involves devising reasonable search policies that limit the entry of any kind of contraband in the facilities. Thus, the plaintiff's plea of a 4th and 14th Amendment right violation on a violation of privacy is overridden by the fact that detainees and prisoners pose a significant risk to each other, and thus the strip searches are validated.…

    • 429 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Was the Fourth and Fourteenth Amendments violated? Holding: The Trial Court held that the officer did have probable cause to search the vehicle and arrest the three men. The Supreme Court held that the officer did have probable cause to believe that Pringle had committed the crime of possession of a controlled substance. The Supreme Courts holding that the officer had probable cause to arrest Pringle also proves that the officer did not violate the Fourth and Fourteenth Amendments.…

    • 762 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Some states allow the plain touch exception; nevertheless, the Minnesota Supreme Court refused. The court maintained that the search performed on Dickerson was far more invasive than what is applicable under the Fourth Amendment. Furthermore, the courts stated that by allowing the “plain touch” exception, there have been numerous unlawful searches and seizures conducted. Officers can confiscate contraband, and it can be used against the perpetrator; yet, it must be within the same boundaries that are set in place by Terry vs.…

    • 537 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Sierra Fischer Exam 3 Answer According to the Fourth Amendment, an officer must have probable cause or a reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause.…

    • 1098 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved 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

    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

    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.)…

    • 327 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    One exception to the fourth amendment that requires a search warrant can be a vehicular search. Vehicular searches allows for a person's vehicle to be searched without a search warrant if the officer undertaking the search has probable cause to believe that the vechicle obtained contains contraband. Your privacy in a residence is higher than it would be in your car. Privacy is lowered in your vehicle because it is a mobile environment where you encounter other drivers and predistrication. To maintain the safety of yourself and others on the road vehicle searches done by police officers without a search warrant are legal and needed in order to limit the potential danger in the environment.…

    • 199 Words
    • 1 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
  • Decent Essays

    The 4th amendment is utilized with respect when it defends an arrest that may have saved a life. It seems to justify law enforcements rights to stop and frisk a citizen that actually may have been a criminal. In every state in every different situation the 4th amendment is used properly or according to what is considered right at the time. In the case of the PATRIOT Act, the situation in which it was establish was partially necessary, but never at the expense of personally comfort.…

    • 210 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays