Police have probable cause to arrest passengers in a vehicle where an illegal substance are found, as the presence of drugs allows reasonable officers to conclude that probable causes exist that a crime has been committed in their presence. Due to the small and contained area of a vehicle it is reasonable to assume that all occupants have knowledge or possession of the illegal…
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.…
United States, the use of a thermal imager without a warrant was a violation of DLK’s fourth amendment right. Though the government never physically intruded upon private property, they used technology to conduct an intrusive search which revealed private, guarded information about the house in question. Therefore, the scan was a search and should require a warrant. The question of whether a thermal scan constituted a search was of key importance because with the advancement of technology, it will become easier to gather information without a physical intrusion. The DLK case drew a line which the government had crossed by declaring a scan that revealed information about the inside of a house, without actually showing the inside, required a…
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…
After being denied entry, they left and subsequently returned with a faux search warrant. After this, they promptly entered the residence with force and conducted a search. With this search, they did not find the suspect but instead found obscene materials which were illegal in the state of Ohio. Using the evidence, the officers brought her to trial and she was then convicted for the possession of these materials. The main premise of the case is whether or not evidence obtained illegally can be used as evidence against a suspect.…
Police authorities momentarily became involved. F and C were arrested incident to the locating of the vehicle. When the pat-down procedure was conducted on F, a cell phone was found and retained as evidence for the trial against the accused. The police subsequently conducted a search of the cell phone and once more within two hours of the arrest.…
In this instance, it is constitutional for the officer to ask the four men to step out of the car, seize them, and search them. A car is considered public in that it can travel from jurisdiction to jurisdiction and therefore there is…
Police officers did not have the right to approach the porch of Jardines’ house to find evidence, this is know as exclusionary rule,improperly gathered evidence may not be introduce in a criminal…
cases also relates to the Fourth Amendment, which requires "search and seizure" of evidence, also known as the exclusionary rule (Srinivas, 2012, p. 179). The exclusionary rule states that, “Evidence must be collected and analyzed without violating the rights of the defendant; if the rights of the defendant are violated, then the evidence will not be upheld in court” (Srinivas, 2012, p. 179). Savana Redding is a 13-year-old eighth grader enrolled at Safford Middle School. She is an honor student who has no history of disciplinary problems or substance abuse.…
a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…
If the officer does not see the individual commit the misdemeanor or felony, they normally cannot make an arrest. While the officer 's presence is normally required, there are cases when law enforcement officials do not have to see the crime. If there is enough probably causes or reasonable inferences that the person committed the c rime, then they can still make an arrest. For example, if the officer sees a bleeding person on the ground and someone else holding a gun over them, then it is reasonable for the officer to infer that the gun-holding individual shot the other…
1. After framing the constitution it seems that there was a need to change certain guidelines in constitution, Hence they came up with the term Amendments (changes in documents). in 4th Amendment it talks about the unreasonable/unnecessary searches of someone's possessions or seizures (also arrest) which is against the right to privacy. The scope of seizures/Searched should be limited and only warrant should be issued by law enforcement officer before police taking necessary action. in 1792 US State secretary Sir Jefferson, Thomas declared the amendment adoption.…
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…
This means that a suspect has rights, and when a police officer violates these rights, the police officer in question has broken the law and as a result the suspect gets released from jail, as enacted in the movie Dirty Harry. Additionally, legislative principles link with liberal ideas about due process, whereby punishment can only be imposed in cases where the defendant’s liability has been proved beyond reasonable doubt (Cross 2010: 50). This therefore means that, law enforcers can only stop, search and arrest on the foundation of rational suspicion. In addition, the law enforcement officer must provide a search warrant before searching a suspect’s property (Dirty Harry, 1971). Detective Callahan’s failure to do this in the movie Dirty Harry, resulted in the evidence being inadmissible in the court of law, and in turn the suspect was released from police custody.…
The Westminster Confession of Faith and the Baptist Faith & Message 2000 are two documents that influenced the writing of this confession. Both of them give excellent summaries of the Church be, while also giving ample Scriptural support. One key biblical text to explain the Church doctrine is 1 Corinthians 12:12-31, which talks about the Church as a human body. All members of the Church, whether they believe they have a small role or a big role, play a part in God’s Church, whether they are a hand, an eye, or an ear. Another key text is Colossians 1:18-20, where Christ is depicted as the head of the Church.…