Whether a specific category of search is reflected as reasonable in the judgements of the law, is ascertained by examination two principal interests: Intrusion on an individual's Fourth Amendment Right Legitimate government interests, such as public…
“Freeze! put your hands up”. The purpose of the Miranda rights is to safeguard the Constitutional rights of each citizen of the United States of America.The fifth amendment of the Constitution in particular protects the person from incriminating themselves. Imagine if you got arrested and the fifth amendment is not read to you. “Have you been to jail? ‘No?’ Well now you are going there.” Do you ever fear you’re going to jail for no reason without warrant of arrest or trial by jury? How would you…
police officer was not entitled to search the car because Gant was arrested for a traffic offense. The Arizona Lower court rejected the motion on the grounds that the police officer had probable cause to search the car. The judge stated that the police officer saw Gant driving without a license and was arrested after his got out of his car. Also, that the exception to the fourth amendment is that if the police officer…
SYNOPSIS: On 11-21-15, Cann McMillin reported that an unknown female suspect had entered her residence on 11-21-15, while she was home, and took a laptop computer, which belonged to a guest of McMillin's, Hayley Pierce. Pierce, who was also home at the time, saw the suspect run out of the residence. Pierce described the suspect to another guest at the residence, Stephanie Peters, who believed that the suspect resembled a female passenger in the "Uber" car she had used to arrive at the…
court observed that a pen register on an individual’s computer that captures the individual IP addresses, email addresses, sites visited and the volume of data sent from that account, is similar to a traditional pen register that does not constitute a search and as such a warrant is not…
Leon (1984) it occurred in Burbank California. The police had a warrant sent out to search a facility where they thought there was drug activity. The warrant was issued by a state court judge. Since the warrant wasn't issued correctly the evidence that was found and seized wasn't able to be used in a court of law. The government appealed…
This officer while working the Lake County DUI Task Force observed a red Jeep displaying an expired Illinois License Plate A848254. This officer ran a records on the license plate and confirmed the plate was expired. This officer conducted a traffic stop on the vehicle and detained it in the 5200 block of west Ridge Rd. This officer approached the vehicle and contacted driver who identified himself as Raymond Munoz and a passenger. This officer asked Munoz for his driver's license and he…
Facts Weeks faced charges of gambling using the Federal Mail System. U.S. Marshalls entered the residence of Week’s without proper documentation (Warrant) and confiscated documentation that was entered as evidence at his trial against him. Weeks then petitioned to have the property excluded and returned since it was taken in violation of his Fourth Amendment Rights. Procedural History A petition filed by Weeks at his trial stated that the property be returned to him since it was taken…
Officer authorities did the officer use to justify the search? The Customs Officer authorities used by the officers at the port was border search exception which is a Unites States criminal law that usually allows all kinds of searches and seizures at the US international borders and all their functional warrant actually without a warrant or even probable case. How would the Customs Officer describe what was found in her reports to articulate her search and seizure? After asking Mr. Noris a…
law enforcer cannot come on and take random evidence. When in your vehicle a police officer cannot search without your consent or again a search warrant. The fourth amendment gives you basic privacy in daily activities. It also helps when there is a criminal investigation and want to search or seize a certain thing in my home, car, and person. When in your vehicle a police officer cannot make a search of your car without your consent. The cop has to first get your consent to look through out…