A thermal scanner was used on the house of DLK without a warrant, in order to obtain evidence that DLK was illegally growing marijuana. DLK sued on the grounds that the scan was a search, and since there was no warrant, it violated his fourth amendment right.The government went too far by scanning DLK’s house because the scan indicated things about the house that would be unknown unless one entered the house, revealed things which DLK wished to keep private and took reasonable measures to…
really private? Unreasonable search and seizures where he or she feels violated by a sheriff or police officer because they did not have a warrant on them to search the person or their property. The right that is being discussed is protection against illegal search of self, home, or property. A person has the right and should always say no if a sheriff or police officer do not have a warrant with them. Most people say this, “fruit of the poisonous tree”(Understanding Search-and-Seizure Law).…
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…
with probable cause to conduct a warrantless search of the interior of the vehicle?” This was the question that was argued in 2012 at U.S. supreme court. Clayton Harris was charged with possession of pseudoephedrine which can be used to manufacture meth. He was stopped by the Police during a traffic stop for expired registration. The K-9 squad dog alerted the officer of existence of drug. This gave the officer a probable to search the car. During the search, the officer found over 200 loose…
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…
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…
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…
The plain view doctrine acknowledge a law enforcement officer take any evidence of a crime or illegal items that is found in plain sight during a normal inspection. “Under the special case for an inquiry occurrence to capture, and officer may lead a warrantless pursuit of the arrestee’s individual and the zone inside the arrestee’s prompt control.” (Brooks, 2004). Furthermore, throughout an inquiry episode to capture, police may take from an arrestee any property which the arrestee may have…
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…