Warrantless Search and Seizure Memoranda Essay
CCJS 234-Criminal Procedure and Evidence
September 17, 2013
Warrantless Search & Seizure Memorandum
To: Judge M. Pearson
From: Linda Barron-Gronvold
Re: Elliott Watson case – Marijuana Possession with Intent to Distribute
Date: September 17, 2013
Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones, …show more content…
Rule of Law- Cases for the basis of Analysis:
In New York v. Belton 453U.S. 454 (1981), the Supreme Court held that a lawful custodial arrest based on probable cause justifies a search without a warrant of the person arrested and the passenger compartment.
In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court held that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest (and therefore without a warrant) only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.
In Carroll v. United States, 267 U.S. 132 (1925), the Supreme Court held that, probable cause is required to believe the vehicle contains