Fourth Amendment to the United States Constitution

On 09/07/2006 at 1011 hours, I was patrolling eastbound on Highway 10 at Ives Road. I observed a vehicle matching the description of one I know to be occupied by a wanted person and possibly involved in several thefts in the area. I observed the vehicle was parked on the side of the northbound lane, facing south. I then observed a white female I know to be suspect, Patti Jo Denoon, exit the passenger side of the vehicle and sit on a brick, speaking to several other persons. I knew P. Denoon to…

Kelly v. United States-Barring Serena L. Sobolewski Hospitality 302 American Public University Kelly v. United States-Barring Within a three -month period in 1974, Ms. Kelly was observed visiting at the Statler Hilton Hotel on five separate occasions. She was not a registered guest. Security personnel observed her in the bar having a conversation with a guest and she subsequently accompanied him upstairs to his room. She was also seen in the lobby all night. In another instance she…

within the government has raised numerous constitutional questions. One question in particular was asked in the case of DLK v. United States. Agents of the government used a thermal imager to scan DLK’s house from outside. With what was seen from the imager they were able to obtain a warrant, and then make an arrest. Did use of new technology violate DLKs fourth amendment right to have an expectation of privacy in his home and body? Did the government go too far? The government did not go too…

knew at the time of questioning); see also United States v. Jones (2001) 154 F.2d 617 (likewise, holding the public exception applicable where police knew the suspect had a firearm in the apartment unattended with children present). In determining the objectively reasonable need, courts consider whether the defendant might have or recently have had a weapon and that someone other than the police might gain access to that weapon and inflict harm. (United States v. Williams (2007) 483 F.3d 425.)…

making gang signs which determine Riley was gang affiliated. Riley was tied to the shooting and charged with attempted murder, shooting at an occupied vehicle, and assault with a semi-automatic firearm. Procedure: Based on Section 3, of the Fourth Amendment a “warrant requirement may be excused in exigent circumstances if an officer has…

On 11/11/15, Dep. E. Reyer made contact with, Rogelior Briseno, in reference to his ex-wife, Fabiola Torrez, opening a Direct TV account under his name. Briseno stated that his children gave him a bill from Direct Tv for service at Torrez address. Brisno stated he contacted Direct TV and was informed the account had been open for several months. Briseno stated he did not have financial loss from the account being opened in his name. On 12/02/15, Inv. Purifoy arrested, Fabiola Torrez, in…

The Miranda Rights state that anyone in police custody must be told four things before being questioned: (1) they have the right to remain silent, meaning that they do not have to say anything; (2) anything they say can and will be used against them in court; (3) they have the right to a lawyer; and (4) if they cannot afford a lawyer, one will be appointed for them. Underage minors should always have legal representation when being interrogated for an alleged crime because they're not always…

Capt Barcelo, On 07/08/2017 at approximately 17:50 hrs we received a call from city resident, Kurt Salzillo, in reference to a shoplifter at Walmart. Salzillo observed the suspect who committed the theft and he followed the suspect while landline with 911. Although advised not to follow the suspect, Salzillo continued to while reporting his current location. His final location was reported at Bay Boulevard and Wilkins St. The suspect was described as a White male wearing a dark tee-shirt and…

(D) Even 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…

The statement, “The Fourth Amendment protects people, not places,” is one of the most controversial statements in Criminal Procedure. The amendment’s purpose is to secure individuals’ rights to privacy within their houses, papers, and defends them against unreasonable searches and seizures. However, to what extent does the law preserve a person’s privacy? The Law of Search and Seizure and the Search Warrant, give the government strict to stipulations as to how they are able to rightfully obtain…