Exclusionary rule

Facts: On July 13, 2007, Jennifer Lee called police officers and reported hearing a loud pitch that sounded like a dog crying, as if he/she were in pain, coming from her neighbor Chung’s house. Officers arrived to Chungs house and asked him if he had any dogs and if they could search his home. Chung denied owning any pets and also denied the entry of the officers into his house. While officers spoke with Chung outside of his house, one of them claimed to hear a sob coming from Chungs house.…

related to Miranda v Arizona. In 1971, case Harris v. New York, the Supreme Court ruled that a statement taken before a Miranda Warning could be used in court to show a suspect was generally not truthful. (Burgan, M. pg 72). Used as a inadmissible confession as the defendant testified that he as innocent but said differently to the police. In a five to four vote, the Supreme Court affirmed the conviction in Harris v New York. (Hogrogian, J. pg . 92) Another case influences by Miranda v.…

The Fourth Amendment was put into place to protect the rights of the American people to be free from unreasonable searches and seizures. The U.S. Constitution specifically states “no Warrants shall issue, but upon probable cause…” (U.S. Constitution – Amendment 4). Additional, the U.S. Supreme Court ruled that some searches and seizures may be classified as constitutional based on reasonable suspicion and not justified as probable cause. (Lushbaugh, C. A. and Weston, P. B. (2012) Probable…

Statement of Facts Minnesota v. Dickerson (91-2019) 508 U.S. 366 (1993) On November 9, 1989, at approximately 8:15p.m., two officers in a marked squad car were patrolling the city’s north side. The officers witnessed an individual, K. Dickerson, leaving a 12-unit apartment building on Morgan Avenue North; this location was well known for selling cocaine. When the respondent noticed the officers he abruptly turned and entered an alleyway. Given Dickerson’s location and his actions after seeing…

2. facts of the case – On September 13, 1965 police officers arrived to Ted Chimel residence in California with an arrest warrant for ted chimel. The arrest warrant issued indicates Ted Chimel is a suspect for burglary of stealing coins from a store. At the time the police officers arrived at the house of chimels he wasn’t home. Chimels wife was home at the time and allowed the officers to come in and search which gave them consent. Moments after chimel arrival to his house he was immediately…

On 6-17-2016 I Ptrm. Butram responded to 6067 N. Ridge (Wal-Mart) for a theft. Upon arrival I spoke with John Goecker (asset protection). John stated he was alerted to an unknown male, behaving suspiciously in the shoe department. The male was Identified as Christopher Andrew Zakrajsek. John stated he observed Christopher select a pair of Interceptor boots size 9.5 and place his feet into them. John stated he then placed his old shoes into the box along with the tag from the boots. John…

The definition of probable cause was first outlined in the case of Brinegar v. United. The justices in the cases concluded that probable cause is more than mere suspicion it exists when the facts and circumstances within the officer’s knowledge of which they had trustworthy information are sufficient in themselves to warrant a man of reasonable caution that an offense has or will be committed. As this case defined probable cause the court set forth a two-prong test established in…

(1) Was the common law confessions rule requiring the Crown to prove the voluntariness of an accused’s statement before it can be admissible in court, applicable in a Voir dire hearing (R. v. Paterson, (2017). (2) Were there exigent circumstances in this case to make obtaining a warrant…

There have been many cases where private security officers searched someone and found illegal contraband which that person was later for being in possession of that contraband. State v. Keyser is a case where a cashier searched a box a customer was about to leave the store with and found $147.98 unpaid item inside. The security guard who was working in the store at that time escorted the defendant in the back. The security officer calls the cops and the defendant was arrested and later charged…

Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “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 describing the place to be searched, and the persons or…