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Impact of the Decision: The decision of this case has an impact on security searches under the fourth amendment. Because so many terrorists’ attacks have been targeted at large sporting events, the security level is…
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King’s attorney argued that the warrantless search and seizure of the evidence within the apartment violated his client’s fourth amendment rights. The attorney then filed a motion to suppress the evidence which he claimed was illegally obtained. The court found that the warrantless entry was justified due to exigent circumstances which the officers encountered when they approached the apartment. These circumstances included the strong odor presence of marijuana, failure to respond to the door, and the movement which sounded consistent with the destruction of evidence.…
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In Minnesota vs. Timothy Dickerson, two police officers parked in an unmarked car, outside of an apartment building known for trafficking contraband substances, did willfully and knowingly stop and frisk respondent due to suspicious and evasive behavior, exiting the twelve-unit apartment building. The officers felt that upon his exit and approach towards patrol car, and eye contact with one of the officers, he turned and proceeded into a side alley. Officers then pursued respondent feeling his suspicious and evasive behavior was probable of being criminal in nature. They pulled their car into the alley and immediately stopped and searched the defendants outer clothing finding no weapons. During the cursory search one officer testified that he had felt a cellophane bag containing crack cocaine later when weighed a total of 1/5th of a gram was found. The officers claimed it within their scope to search and seize what the officer suspected to be drugs inside the defendants clothing.…
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Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…
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Arizona v. Gant (2009) SCOTUS rule held that the Belton rule was revised as the justices stated that it did not give authority for the police officers to search an arrestee’s vehicle if the occupant had been arrested and therefore could not access the interior of the car. This implies that the police should only search the arrestee and places that could be reached. Gant could no longer reach the interior of his car, and there was no reasonable ground to suppose that a search would produce evidence to support the offense of driving on a suspended license. Gant v. Arizona established that a search of a vehicle after an arrest is permissible when the arrestee is not confined, and the passenger compartment is within their immediate reach.…
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Stone v. Powell (1976) was convicted of murder in the state of California. Powell claimed that the search against him was unlawful so the gun found on him should have been inadmissible in court. He tried to file a writ of habeas corpus but a state prisoner is not granted that right since the state provided him with a full and…
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The issue here is whether a search for weapons without probable cause for an arrest is unreasonable under the Fourth Amendment to the United States. Through the trial the court rejected the prosecution theory that he gun was seized during a lawful…
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The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…
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Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.…
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Roy Olmstead was accused of importing and possessing illegal liquors back in 1927. He was later proved guilty by wiretaps installed in his basement. Olmstead tried saying that his 4th and 5th amendment were violated, but in conclusion his 4th amendment rights were not infringed because mere wiretapping does not qualify under a search or seizure. To be searched means that they would physically have to be there searching for something without a warrant that is. They are allowed to do so with a warrant. The vote behind his rights were 5-4 not in his favor. So he was later detained and arrested by the police. In this court case the officials learned a lot about how they should think, they decided that they should not back down in that sort of situation…
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The next case I reviewed was Walker verses State. A hit a run took place where a witness gave a description of a vehicle and the direction the vehicle had been heading. Two officers, driving separately, went in the direction and found the car. Walker, the car owner, started to the door. As the screen door began to shut, Officer Hoffman, race to open the door. Between the tugging of the two men the door flexed causing the window to break. The evidence proved the case showed violent resistance against Walker, as recorded in Spangler v. State (1993). The State succeeded in a conviction of a Class D felony, but the Class A misdemeanor was ruled insufficient by means of Double Jeopardy. They cannot use the same evidence to convict Walker twice as a result of Richardson v. State, 717 N.E.2d 32, 49 (Ind. 1999)[->0] "No person shall be put in jeopardy twice for the same offense." Two or more offenses are the same offense for double jeopardy purposes if, "with respect to either the statutory…
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Though the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the ground that the officer had cause to believe that Terry and Chilton were acting suspiciously, that their interrogation was warranted, and that the officer, for his own protection, had the right to pat down their outer clothing having reasonable cause to believe that they might be armed. The court distinguished between an investigatory "stop" and an arrest, and between a "frisk" of the outer clothing for weapons and a full-blown search for evidence of crime. Terry and Chilton were found guilty, an intermediate appellate court affirmed, and the State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was…
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The U.S. Supreme Court limits how police searches a vehicle after Arizona v. Grant. April 21, 2009 the U.S. Supreme Court adds new limits on how law enforcement officer can search the passenger compartments of a vehicle. Due to this ruling, police officers require having either evidence of a crime for which the suspect is being arrested for, or the officers are completing a weapons check that could be within reach of the suspect. Arizona v. Grant makes important changes within the Fourth Amendment. After New York v. Belton, the U.S. Supreme Court had allowed officers to search the passenger compartment of any vehicle when the person was being arrested that was driving or was a passenger in without a warrant. Belton’s justification was the fact that a person can constitutionally be search for weapons and any other evidence, and further that any officer can search the immediate area of control for weapons or any other evidence. Since the new ruling with Arizona v. Grant overturns the ruling of New York v. Belton, and sets a new standard for what is allowed during a search in a car related arrested.…
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The Arizona State Senate voted 17-11 to pass what some people would call the country's strictest and most controversial immigration bill. It requires police to question people about their status if there's reason to suspect they're in the country illegally. The bill would also allow individual lawsuits to be brought against government agencies that hinder enforcement of immigration laws and make it illegal for employers to hire or knowingly transport illegal immigrants for daily labor. Proponents of the bill say it will aid the police in cracking down on violent offenders who cross the border illegally. The U.S. Constitution clearly assigns the federal government the responsibility to protect the states against invasion. If that duty were faithfully being carried out, there would be no need for the recently passed law in Arizona. The Constitution didn’t say military invasion, just invasion. And the millions who have broken our laws and inundated our country constitute an invasion. A large percentage of Arizona’s crime, welfare, medical costs, and narcotics problem is traceable to the illegal border crossers. How else are we to deal with the situation when practically no help comes from those assigned to cope with this problem?…
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I’m not sure about what if any affect it had on other states, but mine will never be the same. On April 29.1992 throughout California race lines were drawn. For the first time middle to upper class white people were seeing how defenseless the LAPD were in controlling mayhem. Thus seeing innocent people dragged and beaten from cars while no one came to their aid. The streets of LA were a war zone. Public option of Law Enforcement forever changed that day. As was seen in later cases such as OJ Simpson Trial. 10/3/1995 Frontline@pbs.org Charles J. Obletreb Jr. The Trials Significance and Lasting…
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