Assignment Sub Heading : Fourth Amendment Right On Search And Seizure

877 WordsJan 21, 20164 Pages
Assignment sub-heading: Fourth Amendment Right to search and seizure TITLE AND CITATION: Arizona v. Johnson, 555 U.S. 323 (2209) TYPE OF ACTION: This is a criminal case, did officers Trevizo violate the Fourth Amendment 's protection against unreasonable searches and seizures during a routine traffic stop for suspended registration. Johnson was search even after he comply with officer Trevizo’s command. The Arizona Supreme Court denied review. We granted certiorari, and now reverse the judgment of the Arizona Court of Appeals. FACTS OF THE CASE: On April 19, 2002 at around 9pm, three law enforcement officers from the Arizona’s gang task force, was on patrol in a known gang area in Tucson Arizona. They conducted a traffic stop of a vehicle which license plate check revealed the vehicle registration was suspended due to insurance violation. This is consider a civil infraction in the state of Arizona under the law. The vehicle was occupied three times, the driver, the passenger and the back seat passenger Lemon Montrea Johnson, who is the respondent. The police questioned the occupant about gang’s activities, and asked were there any weapon in the vehicle? The occupant replied no, police officer Trevizo’s noticed prior to the stop Johnson who was the back seat passenger continued looking back out the rear view window. Johnson was also wearing a blue bandana which is the Crips gang membership affiliation. At the time of the stop Johnson also had a police scanner inside of his

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