Seizure trigger

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…

On the evening of November 9th, 1989, while exiting an apartment building with a history of drug trafficking, Timothy Dickerson spotted police officers and turned to walk in the opposite direction. In response, the officers commanded Dickerson to stop and proceeded to frisk him. An officer discovered a lump in Dickerson’s pocket of his jacket, and, upon further investigation, the officer believed it to be cocaine wrapped in cellophane. The officer reached into Dickerson’s pocket and confirmed…

property which the arrestee may have about him, and which is associated with the wrongdoing charged or which might be required as confirmation. For instance, a plain view doctrine is conducted at the airport by TSA officers to screen passengers. “A seizure is lawful under the doctrine such…

Last updated: a minute ago History View files Plagiarism check .DOC .PDF AuthorLastName2 CALIFORNIA Vs GREENWOOD 486 U.S 35 (1988) California (Applicant) Vs Greenwood (Respondent) Facts of the Original case The police obtained some trash bags from the garbage collector which were believed to have been left on the curb in front of Greenwood’s house ( California V Greenwood.). This police action was instituted after information reached the police indicating that the respondent was engaging…

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…

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…

Issue: Was the evidence obtained for a search warrant obtained through an illegal search? If the search is found to be illegal, should all the evidence gathered be suppressed? Cases: The Fourth Amendment details legal searches and seizures and the right to ban illegally obtained evidence in court. There are three questions that are addressed when dealing with Fourth Amendment searches. Was the law enforcement act a search, if it was a search was it reasonable, and if it was found unreasonable,…

Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history.Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their…

cannot search them … before arrest merely on the basis of reasonable suspicion’ and Lord Denning’s obiter in Ghani v Jones that allows for ‘a public interest-based judicial discretion’ to receive evidence outside of the legal scope of search and seizure. In considering the impact on presenting evidence to juries, Carmody CJ concludes that usually it would be wrong to reject the evidence contained in the iPhone because it was found before a warrant had been obtained. However, it is then whether…

The evidence obtain during the search of John Smith vehicle should not be admissible in court and a motion to suppress should be file. The Fourth Amendment protects against unlawful search and seizures applies to routine traffic stops as in this case. Officer Roberts should have had probable cause that a crime has been committed in order to search and gather evidence without a valid search warrant. Officer Roberts pull John Smith over because he thought there was an obstruction in his…