Search Bloc

1. the Plain View Doctrine (PVD) The police officers lawfully obtained evidence from Archer’s dining room under the PVD because the officer was in a place where he had a right to be and saw accessible property that was recognized as the candelabra. The Supreme Court has held that even if there is no warrant, obtaining evidence is always reasonable under the Fourth Amendment, if (1) the police entrance to the place to be searched is valid and (2) the PVD prong test is satisfied: if an officer is…

During any criminal proceeding, the law can either help win the case or lose the case. Every case is unique, whether it is a murder case or a simple assault case. This is why clients need skilled, knowledgeable attorney 's so that they can receive fair trials without police and investigators introducing evidence which may be illegally seized during an arrest. The judge has the ultimate decision whether evidence should be excluded or not, so bringing forth the Constitutional Rights of one 's…

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 found exigent circumstances and concluded…

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…

TSA and backscatter X-Rays is a technology equipment that is used to scan full bodies of airline passengers. It is also known as a WBI (whole body imager), security scanner, body scanner, and a naked scanner. TSA use the backscatter X-Ray to detect hidden weapons, tools, liquids, drugs, stolen currency, and other illegal items. They do this to make the flight ride safe for other passengers and to get to their destination safely without conflicts. Backscatter X-rays are only found at a few…

Whether a specific category of search is reflected as reasonable in the judgements of the law, is ascertained by examination two principal interests: Intrusion on an individual's Fourth Amendment Right Legitimate government interests, such as public…

“Freeze! put your hands up”. The purpose of the Miranda rights is to safeguard the Constitutional rights of each citizen of the United States of America.The fifth amendment of the Constitution in particular protects the person from incriminating themselves. Imagine if you got arrested and the fifth amendment is not read to you. “Have you been to jail? ‘No?’ Well now you are going there.” Do you ever fear you’re going to jail for no reason without warrant of arrest or trial by jury? How would you…

police officer was not entitled to search the car because Gant was arrested for a traffic offense. The Arizona Lower court rejected the motion on the grounds that the police officer had probable cause to search the car. The judge stated that the police officer saw Gant driving without a license and was arrested after his got out of his car. Also, that the exception to the fourth amendment is that if the police officer…

SYNOPSIS: On 11-21-15, Cann McMillin reported that an unknown female suspect had entered her residence on 11-21-15, while she was home, and took a laptop computer, which belonged to a guest of McMillin's, Hayley Pierce. Pierce, who was also home at the time, saw the suspect run out of the residence. Pierce described the suspect to another guest at the residence, Stephanie Peters, who believed that the suspect resembled a female passenger in the "Uber" car she had used to arrive at the…

court observed that a pen register on an individual’s computer that captures the individual IP addresses, email addresses, sites visited and the volume of data sent from that account, is similar to a traditional pen register that does not constitute a search and as such a warrant is not…