Fourth Amendment Essay

On 01/30/2017 at approximately 1931 hours, I was dispatched by Cortez Dispatch, for a suspicious vehicle, described as a green Chevy pickup, at the Pueblo Community College located at 33057 Hwy 160, in the County of Montezuma, and State of Colorado. Upon approach, I saw a vehicle driving into the parking lot from the westbound lane on Hwy 160. Upon arrival, I saw the vehicle matched the description I was given. The vehicle drove through the parking lot and began to head back towards the exit.…

They were able to collected the data with no search warrant which is illegal. As it says in the 4th amendment “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…

Case #3: Do’s & Don’ts 1.) The police arrest you in your living room on charges of murder. May they open the door of your coat closet to make sure that no one is hiding there? May they open the door to your medicine cabinet? - Yes to the first and no to the second. Reasonable belief must be established before any area within a crime scene maybe searched. In regards to the medicine cabinet there is no reasonable belief that an accomplice for example is hiding in said structure which would…

Case Citation: STATE of Washington, v. Antonio B. CANTU No. 76198-1., (2006). Parties: Antonio B. Cantu, Petitioner State of Washington, Respondent Facts: Antonio Cantu was arrested and tried for the crime of burglary after he forcefully entered his mother’s room that had a deadbolt on it. Once inside the room, Cantu took some objects that belonged to his mother. Procedural History: Cantu was originally charged…

Mr. Buckley was charged and convicted in the trial court with theft under the Offenses Against Property Act, unlawful use of a credit card, and uttering a forged document. Upon conviction, he appealed to the Court of Appeals of Indiana, Second District claiming insufficient evidence. The first charge of theft under the Offenses Against Property Act requires one to acquire and/or use someone else’s property without permission. Since Mr. Phipps did not give Mr. Buckley permission to use his…

The Police and Criminal Evidence Act 1984 (PACE) is the core framework that is provided to ensure that the powers of the police are used correctly and that it protects and safeguards individuals that come into contact with the police. There are five major sections that it is in respect of: stop and search, arrest, detention, investigation and interviewing. Stop and search is allowed when there are reasonable ground to believe that the person or vehicle contains drugs, offensive weapons…

On March 25, 2015, officers were dispatched male attempting to break into apartment with a knife. Upon arrival the officers observed male subject exiting the property gate. The officer noticed the male had a shiny object in his right hand. An officer approached the gate, when the male subject, later identified as Charon Brown, the defendant, re-entered through the gate. At that time, the officer could see the object in his right hand was a large knife; he was ordered to drop the weapon. Mr.…

Improper instruction from police When conducting a field sobriety exercise or other test to determine whether an individual is legally intoxicated, an officer is required to give the driver clear and proper instructions beforehand regarding what he or she needs to do for the test to be completed. Similarly, proper instruction is also required while the test is being administered. Failure to do so compromises the validity of the test results, which in turn is likely to cause the judge to rule…

The state of Kentucky takes driving under the influence (DUI) seriously. In some cases, DUI charges are eligible for expungement. The process for northern Kentucky DUI expungement varies from case to case with two distinct conditions. The first is an arrest that does not result in a conviction or guilty plea. The second is a first time arrest or conviction without any previous criminal behavior. In all cases, the court has the authority to grant or decline the expungement request. As of…

I think the most interesting issue in this case Jeremy Jaynes v. Commonwealth of Virginia was that when a man committed crime in one state and created problems in another state, does the circuit court of the state which he caused problems have jurisdiction over him. In favor of Jeremy Jaynes, he just used his computer to send emails in North Carolina, and did not use his computer in Virginia. Also, he argued that he couldn’t control where the email would be sent, so he didn't have intent to…