Case Study: Draper V. United States
A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe
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United States 517 U.S. 806 (1996) the police approached a car that broke a traffic violation and saw cocaine in plain view. Police were found to be right in arresting the individuals. This relates to this case because like the cocaine, the cigarette burns are in plain view when they invited into the residents. Although there is no direct evidence that Joe’s cigarettes were the cause of Sam’s abuse, it is a logical presumption to conclude since he was the one possessing the Marlboros.
This case can similarly be connected to the Draper v. United States 358 U.S. 307 (1958). In the Draper case, the arresting officer had probable cause to arrest petitioner without a warrant and that the follow-up search and seizure was lawful. In the case of Joe Thug, both the officers went to check the reported scene of abuse without a warrant. Since the officers had probable cause they were able to go to Ms. Smith’s residence without one and were granted permission to enter the home. Due to Ms. Smith’s compliance, the officers were allowed to enter the home and proceed with the investigation. While constructing the search the officer notices burns on Sam’s arm which leads him right behind Joe. When the officer enters the bedroom after Joe, he smells marijuana and those to pieces of evidence was enough indication that something unlawful was occurring which led to the follow-up search and seizure. Likewise, in the Draper case, the informant had prior experience working with the police which increased his credibility and reliability. The informant was also able to give a specific address of where the narcotic would be found. In the Ms. Smith case the informer also had worthy credibility because she was not getting paid for her services nor had anything to gain by telling the officers. By giving the correct address of the abuse and it being actuate was also another factor in increasing her
United States 517 U.S. 806 (1996) the police approached a car that broke a traffic violation and saw cocaine in plain view. Police were found to be right in arresting the individuals. This relates to this case because like the cocaine, the cigarette burns are in plain view when they invited into the residents. Although there is no direct evidence that Joe’s cigarettes were the cause of Sam’s abuse, it is a logical presumption to conclude since he was the one possessing the Marlboros.
This case can similarly be connected to the Draper v. United States 358 U.S. 307 (1958). In the Draper case, the arresting officer had probable cause to arrest petitioner without a warrant and that the follow-up search and seizure was lawful. In the case of Joe Thug, both the officers went to check the reported scene of abuse without a warrant. Since the officers had probable cause they were able to go to Ms. Smith’s residence without one and were granted permission to enter the home. Due to Ms. Smith’s compliance, the officers were allowed to enter the home and proceed with the investigation. While constructing the search the officer notices burns on Sam’s arm which leads him right behind Joe. When the officer enters the bedroom after Joe, he smells marijuana and those to pieces of evidence was enough indication that something unlawful was occurring which led to the follow-up search and seizure. Likewise, in the Draper case, the informant had prior experience working with the police which increased his credibility and reliability. The informant was also able to give a specific address of where the narcotic would be found. In the Ms. Smith case the informer also had worthy credibility because she was not getting paid for her services nor had anything to gain by telling the officers. By giving the correct address of the abuse and it being actuate was also another factor in increasing her