Fourth Amendment to the United States Constitution

Introduction In many states, there’s a fine line between simple possession, and possession with intent to distribute. In the state of Oklahoma evidently getting caught with a small amount of marijuana is a felony. Officer Dallas Lang preformed a routine traffic stop on I - 40 in Okmulgee County Oklahoma, when he searched Mr. O’ Brian car, he noticed the driving carrying 130 jars of marijuana with a street value of 160,000.00 in the trunk of his car. Kevin O’Brien was arrested and taken to…

On Thursday, May 27th, 2016 at approximately 2000 hrs while driving a Midland Police vehicle and wearing a standard issued MPD uniform Officer Jimenez was traveling south in the 900 block of South Lamesa. Officer Jimenez then observed a white Ford F150 (TXLP-DHL8246) traveling southbound in the same location. Officer Jimenez then observed the vehicle had an expired registration. Officer Jimenez turned the emergency lights of the patrol vehicle in order to conduct a traffic stop. Upon turning…

On 03/28/2016 at 1504 hrs, I was dispatched to 1430 9th Street, Great Bend, KS in reference to a subject wanting to report a burglary. At approximately 1507 hrs., Dispatch advised Officer Shane Becker # 347 and Officer Mason Paden # 349 of Great Bend Police Department that an individual at 1430 9th Street was requesting a remove subject from the property. I arrived in the area at 1513 hrs in the alley behind the residence where the other officers were speaking with a male, identified as TOMMY A…

Reasonable expectation of privacy was set in the case Katz v. United States (Ganis, 217). Katz was suspected by the FBI of transferring gambling information to clients over the phone so they bug they pay phone he used. They caught him transfer the funds and “Katz was convicted under an eight-count indictment for the illegal transmission of wagering information from Los Angeles to Boston and Miami” (“Katz v. United States."). He appeal his conviction saying that he had a right to privacy in…

The policy that the New York Police Department has is questionable, with the information that given in the article. The article states, "The stop-and-frisk policy -- in which police stop, question and frisk people they deem suspicious, even if they've committed no crime -- has been one of the most controversial policing techniques in recent time, fueled by clashes between civil rights and civil liberties groups challenging the practice as racist and illegal" (Boyette & Martinez, 2013, p.1). I do…

individually or in concert engaged in a continuing criminal enterprise. The attorneys failed to examine the elements of continuing criminal enterprise to determine whether the government could satisfy each element. For example, the indictment clearly states that alleged criminal activity transpired since high school in 1990 through 2005 however, it fails to demonstrate any evidence of “continuing” criminal activity from 1990 to 1994 and alleges isolated incidents that include one from 1996,…

Detective McFadden had processed was unconstitutional because of the fact that he felt that there was no facts or complete evidence however the court possessed the gun as evidence. The men were being suspicious walking outside of the store, so the state court believed that it was fine for McFadden to search the men. The Terry case allowed for officers to have more safety wen coming in to contact with another person. Ever since 1963, law enforcements are allowed to complete a limited…

encroach more distant than the external attire. Despite the fact that police had since quite a while ago took after the act of stop and search, it was not until 1968 that the Supreme Court assessed it under the Fourth Amendment's assurance against preposterous hunts and seizures. Under Fourth Amendment case law, a protected Search and Seizure must be founded on Probable Cause. A stop and search were normally directed on the premise of sensible doubt, a to some degree bring down standard than…

example, most important court decisions involving digital searches happened within the last five years, which is just crazy considering digital data storage has been used to the point of being commonplace for twenty to thirty years. In 2000, United States v. Scott‐Emuakpor set the precedent when collecting digital evidence, and that was that it was only necessary for testimony of a witness who was present while data was collected from computers for it to be admissible as evidence. Sounds…

The officer does not have to obtain a warrant to make the arrest based off of the probable cause that he or she was given by the victim since robbery is a felony. Based off of the United States v. Watson Supreme Court ruling, the officer does not have to obtain a warrant to arrest a person in a public place such as a park as long as he or she has probable cause that the “suspect committed a felony” (Hall, 2015, p. 450). The officer cannot just walk up and place the suspected robber under arrest.…