Search and seizure

When Mr. Balestrero is first introduced to the three detectives, Hitchcock uses camera lighting along with camera movement to enunciate the setting which is described as murky and dark. Brean describes this encounter as the following, “Three men came up to him out of the murky shadows of a winter evening. They said they were police officers and showed him badges clipped to wallets. Mr. Balestrero experiencing a little quiver of uneasiness, asked what they wanted.” Hitchcock cannot transfer these…

The legal issue of whether Victor’s mental disability, medication, and Attention Deficient Disorder (ADD) was crucial information as to why, he committed the crime. In the case of United States v. Kozminski (1988) two men with mental disbalitlies where held to work for low or no wages and threatened and physiologically coerced to stay on the farm to work. The courts agreed that the men were coerced due to their mental incapacity. The act of coercion kept the men captive at the farm. In…

Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a…

The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his…

to the search of the shoebox. Appellant’s mother, Ms. Fallsbauer, demonstrated apparent authority to consent to the search of the shoebox when she stated her prior ownership of the shoebox. (R. at 5.) Apparent authority exists when officers reasonably believe a third party has authority to consent to a search, but does not possess such authority. Illinois v. Rodriguez, 497 U.S. 177, 187 (1990). Ms. Fallsbauer lived in the studio apartment and had actual authority to consent to the search of…

I think the most interesting issue in this case Jeremy Jaynes v. Commonwealth of Virginia was that when a man committed crime in one state and created problems in another state, does the circuit court of the state which he caused problems have jurisdiction over him. In favor of Jeremy Jaynes, he just used his computer to send emails in North Carolina, and did not use his computer in Virginia. Also, he argued that he couldn’t control where the email would be sent, so he didn't have intent to…

a large roll of cash in the glovebox while the driver was retrieving his registration. All men were checked and cleared for outstanding warrants and a warning was issued to the vehicles driver. The officer requested and was granted permission to search the vehicle. Officers found $763.00 in rolled up bills in the glove box and as five baggies of cocaine between the armrest and back seat of the vehicle. All three occupants of the car stated they had no prior knowledge of the cocaine being in…

The court will likely find that Robin Kincaid is not precluded for recovery for her false imprisonment claim against Barclay’s Department Store. False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of their personal liberty. However, a plaintiff can be barred from recovery under the Georgia state law. A store is not liable for false imprisonment if the store: (1) had reasonable cause to detain a person; (2) detains that…

room, and bubble bath. By stealing her own necklace, she could easily collect insurance money and pay for the expensive goodies she bought, but still keep her necklace. Even though all of the suspects were searched for the necklace, they did not search Mrs. Van Bliven’s suitcase, and it is highly likely that her necklace is hidden inside of it. In conclusion, it is clear that Mrs. Van Bliven stole her own necklace because the crime scene is not legitimate and because she would have needed to…

by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only respondent Leon contended that no reasonably well trained police officer could have believed that there existed probable cause to search his house. However, the record establishes…