Search and seizure

individual he can conduct a search for weapons for the safety of himself and others. The purpose of the search is important, in Preston v. United States, 376 U. S. 364, 367 (1964) the reason for the search was for officer safety, making searches for officer safety and the safety of others permissible. The scope of the search must be kept to only looking in places weapons may be kept. The Mapp v. Ohio was a case that was looked at for reference to decide what scope made the search reasonable,…

(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…

and the defendant was arrested and later charged with theft by deception. The defendant tried to suppress evidence of the item he was intending to steal. His argument was that his fourth and fourteen amendment rights was violated due to the illegal search that was conducted by the cashier. His motion…

While a suspect is detained, a computer search can be performed to see if the suspect is wanted for crimes. If so, he or she may be arrested and searched incident to that arrest."Stop and Frisk." TheFreeDictionary.com. N.p., n.d. Web. 10 Aug. 2016. Investigatory detention became an important law…

Court of Appeal) Facts of the case: Following an agreement with the appellant to affect a “no case” seizure if he surrenders three marihuana roaches. The police make a warrantless search and entry by police into the home of the appellant. Once inside, the police found a bulletproof vest, a firearm and drugs (R. v. Paterson, (2017)). They arrested the appellant and then obtained a tele-warrant to search his apartment, which led to the discovery of other firearms and drugs. The trial judge…

Q3. Describe a case incident where a ‘stop and frisk’ is allowed and rationale for it. A ‘stop and frisk’ is something when a police officer stops an individual or a group to question and further to search for weapons or any illegal activities under criminal circumstances. Search includes patting down i.e. checking an individual with hands from the top of the clothes and also removing upper part of clothes if the officer thinks the suspect is carrying some armed weapons and is dangerous. Many…

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 information that is presumed to be private. Although Searches, Seizures and Warrants seem to have simple guidelines, they are each intricate categories. It is common for a search to be defined as any action by government…

In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of…

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…

The Government violated DLK’s Fourth Amendment rights. They did not get a warrant to do search and seizure on DLK’s property. DLK should not be convicted of growing marijuana in his home because the technology that the Government used goes against the five senses rule, the device (thermal imager) that they used in not open for use in the general public, and last, DLK had an expectation of privacy in his own house. One reason that DLK’s Fourth Amendment right were violated is because the thermal…