Search and seizure

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    Case Brief # 3 Fernanda Sbordone LEG110 12/5/2016 Instructor: Ms. Roland Arizona v. Evans Citation. 514 US 1 (1995)DOCKET NO . 93-1660 .Arizona Supreme Court. BRIEF FACT OF SUAMMRY : In January 1991, Phoenix police officer Bryan Sargent observed Isaac Evans driving the wrong way on a one-way street. Sargent directed Evans to pull over and asked to see his license. FACTS: Evans informed Sargent…

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    Red Light Case Study

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    Question Presented After being pulled over for running a red light, Mr. Knight was asked to ride in the patrol car, but was assured that he could leave after the traffic stop paperwork was completed. During the course of the ride, Mr. Knight made incriminating statements in response to a police officer’s questions. Under the Fifth Amendment as interpreted by Delaware courts, which requires law enforcement officials to provide Miranda warnings before custodial interrogations, can Mr. Knight’s…

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    Amendment 4,5,6, and 8 protects an accused against abuses by the federal government. Each amendment has a right for a citizen. These amendments give citizens fair treatment. Everybody should have a fair trial. Someone could get punished cruelly and they were not guilty to being with. Each of these Amendments were made for these purposes. Amendment 4 states that nothing can be searched without a reason. This Amendment protects personal belongs of others. A cop cannot just pull someone over to…

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    Greenwood.). This police action was instituted after information reached the police indicating that the respondent was engaging in the trafficking of Narcotics. The police later obtained search warrants for the respondent’s house after the garbage obtained indicated that Narcotics were indeed used. On the search the police made the discovery that there were controlled substances…

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    Stop And Frisk Case Study

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    Police should be allowed to stop and frisk subjects who seem suspect. In the case Terry v. Ohio (1968) the Supreme Court’s ruling allowed the procedures of “Stop and Frisk” to be acceptable. For a stop and first to be considered legal, the police officer must have reasonable suspicion that a crime has already occurred or is about to take place. Only then can a police officer start a line of questioning toward the suspect. However, the “frisk” portion of stop and frisk must only be done if the…

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    Police officers in the United States are given considerable amount of authority to perform their duties. However, they are still obligated to work within the confines of the law. They must follow federal and state standard procedures to perform their daily duties and responsibilities, impartially. The New York City Police Department (NYPD) highly practice a policy known as Stop, Question and Possibly Frisk (SQF). What is Stop, Question and Possibly Frisk? The SQF’s essential goal is to maintain…

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    1. In Florida v. Bostick, 501 U.S. 429, 438 (1991), the defendant contended “that no reasonable person would freely consent to a search of luggage that he or she knows contains drugs.” Should there be a presumption of involuntariness when incriminating evidence is readily found pursuant to the “consent” of a person who denies guilt? There should be a presumption of involuntariness when incriminating evidence is readily found pursuant to the consent of a person who denies guilt because the…

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    Cell Phone Based Cases

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    addition to his backpack being searched, he was patted down, and also had his shoes and cell phone searched. After finding no drugs on him, the student was sent back to class. The lawyers referenced Riley v. California and the judged claimed that the search of the student's cell phone "exceeded the scope of a…

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    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…

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    Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being…

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