detention in a reasonable manner; and (4) conducts detention for a reasonable time. Ga. Code. Ann. § 51-7-61 (1979). The court will likely find that there was reasonable cause to detain Kincaid because she activated the antishoplifting…
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.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only…
Imagine playing on a field with a sold out crowd, cheering and hollering for your team to win the game. Then you’re up to bat and you hit a walkoff home run, and the whole stadium goes wild just for you, because you won the game for your team. It’s always been a dream of mine to play softball in college. One thing I would like to accomplish in the future is to get a softball scholarship to the University of Michigan because; I love playing softball, I would like to be apart of the team, and…
exclusionary rule to the case, which means evidence obtained illegally can’t be used in court. The Constitution stated the police need a warrant in order to search a person’s house. Therefore, any evidence obtained without a search warrant isn’t admissible. To emphasize, The Fourth Amendment was created to take care of the people from thoughtless searches…
trade or if she did not use the rooms of this particular hotel for her illegal activities. She is completely to blame and the court made the correct decision in not overturning her appeal. Ms. Kelly had several opportunities to follow the hotel rules and she chose not to therefore, she should have and was arrested and convicted for trespassing. In conclusion, The Statler Hilton hotel had a duty to protect their guests from any foreseeable harm. The security force viewed the activities…
if this Court finds that the initial search and seizure is illegal under the Fourth Amendment, Evidence of the Suicide Note is still Admissible through the Attenuation Doctrine, as an Exception to the Exclusionary Rule The “fruit of the poisonous tree doctrine” is an exclusionary rule designed to deter police misconduct that prohibits the introduction of evidence that is causally connected to an unlawful search. (People v. Navarro (App. 2 Dist. 2006) 41 Cal.Rptr.3d 164.) The defendant has the…
Charles Katz was convicted in the Southern California District Court that charged him with wagering gambling information. The Appellate Court rejected the defendants’ disagreement because they concluded that Katzs’ Fourth Amendment right was not infringed upon because FBI agents never actually entered the telephone booth. Facts: Mr. Katz was seen placing calls between three different telephone booths on a daily basis which lead the FBI to place microphones on the outer roof of two of the three…
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…
Golf is a game that dates back hundreds of years, originating in Scotland. The main goal is to get a golf ball to a target a few hundred yards away, in the least amount of strokes as possible. In the early stages of golf, the participants had to use curved sticks to hit the pebble down the track and win the game. Today, players use clubs made of metals such as tungsten and steel to hit a golf ball down a set course. Golf has evolved into a game that cultures all around the world participate in.…
Down the grass hill past the electrical box, once used as a bike jump, lies a place that holds many memories and a special place in my heart. The third base line fence is a little bent, due to hanging on it and trying to do many pull-ups on it. Our bikes lie wherever we dropped them to go play along the third base line. Behind the arched backstop behind home plate, the almost rotted bench perches up on the falling bricks. Underneath, grass so patted down it wouldn’t need to be mowed, yet still…