Big Bob: Case Analysis

Whether a law enforcement officer was justified in acting in the absence of a warrant depends on the “totality of circumstances.” The United States Supreme Court uses a “careful case-by-case” approach to determine whether circumstances rose to the required level of exigency. Recognized exigent circumstances that justify warrantless entry may include, but are not limited to: entering to provide emergency aid to someone inside, pursuant to an immediate threat to officer safety, in “‘hot pursuit’ of a fleeing suspect,” “to put out a fire and investigate its cause,” and to prevent the imminent destruction of evidence of a serious crime. While circumstances that present the requisite exigency to justify a warrantless search differ, “in each

Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the police to detain someone and question them based on reasonable suspicion. Therefore, it is police officers’ job to identify people who are involved in criminal activity or are going to be involved in any criminal activity. If they ever see someone that they feel is acting a little suspicious and they have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain that persona and question them.

Upon arrival and after all parties were detained and searched for weapons Sergeant Kincaid and I were advised by the victim in this case, Thomas Fitzgerald that the suspect, Duane Fisher had pointed a pistol at him and his daughter, Marrissa Rohrbach and had laid the firearm down on a piece of farm equipment prior to our arrival. At this time I was able to locate a loaded Browning Target Shooting Pistol inside a holster on top of a tractor attachment approximately

Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.

Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.

The United States Court of Appeals for the Second Circuit holds that when officers receive consent to search with no limitations, only spaces and containers that appear to “obviously” not belong to the consenter are excepted from their search. See, e.g., Synpe, 441 F.3d at 136-37. The Seventh Circuit holds similarly that if officers do not have “positive knowledge” that the consenter does not have authority over the space or container prior to the search, then the search is reasonable. See, e.g., Melgar, 227 F.3d at

The reason that all of the aforementioned applies to Danny Lee Kyllo is the fact that his arrest would’ve never happened without the illegal search. What makes this case important to the American people is that thermal imaging is just the beginning of extrasensory searches. Without limits, soon, we will all have drones surveilling our backyards. In 1967 police were using bugs to intercept phone conversations; look how far technology has advanced since then (Document

After reading the assigned reading, along with watching the video I believe the police did not execute this search warrant in a reasonable way. I found myself very surprised with how the warrant was executed and also with the reputation of some of the officers present. The first thing that stuck out to me was the ignorance of toys and signs of children. As clearly seen in the picture showing the exterior of the house, there were prominent signs of children. Also obvious was the conjugating of toys to one of the housing units. The next thing that stuck out to me was the use of force displayed by the police department. As mentioned in the article, the police were prepared to enter “possible dope den, in which the suspect might be armed and might

I was advised by the family James Welker us to have a pistol but pawned it for money. I then went into the residence to check the .22 caliber rifle. When I checked the rifle the chamber was empty and the magazine was filled with .22 caliber ammunition. The rifle appeared as if had not been

Stacey’s neighbor is protected against unreasonable searches and seizures under the United States constitution. According to the United States Constitution, The Fourth Amendment forbids unreasonable searches and seizures by requiring any warrant be constitutionally authorized and reinforced by probable cause. Consequently, while investigating criminal activity, a police officer can obtain a search warrant due to probable causes. In Stacey scenario, the police had reason to believe Stacey had hidden evidence in the neighbor home. Granted, if these probable causes were justified by observation, physical evidence, and statements by witnesses (Hall, 2015). This probable cause allows a search warrant to gives the police the legal jurisdiction to

No, the individuals involved did not follow the legal guidelines for searches. Police believed that a woman by the name of Dollree Mapp had a bombing suspect hiding in her home. She tried to protest as the police came in, but regardless they proceeded to conduct their search. They didn’t find the suspect, but they did find books and photos with sexual

Is the warrantless search and seizure of Elliot Watson, who was arrested for possession of Marijuana with the intent to distribute, after being detained by Officer Johnson who was on the lookout for a vehicle and kidnapper with the same vehicle and clothing description as Mr. Watsons’ sports coupe car and 5 foot 9 inches tall, brown hair, and brown eyes wearing a white tee-shirt and blue jeans, legal?

We are excited, and proud to be supporting GJ Gardner & Big Buddy in the inaugural Big Buddy Big Auction which will see 2 homes be auctioned off in July with all profits going to this special charity. Big Buddy is a free, secular, mentoring service run by dedicated professionals who recruit and rigorously screen volunteers from the community to become long-term mentors to fatherless boys. Upon being approached with this initiative, it was quickly apparent that this was an exceptionally good fit with us, not only could we appreciate the importance of the work Big Buddy undertake but it aligned with our core values and the nature of our industry. With a marketing strategy targeting predominantly males thirty plus, and our Priority Partners community

According to Katz, physical intrusion is not necessary to fall within the meaning of a “search” because what a person seeks to preserve as private, even in an area accessible to the public should remain private and the person has a right to expect privacy, hence the Fourth Amendment right should apply. For instance, Katz usage of telephone booth provided the environment that allowed him to carry the

Thirdly, Beaven and his family abstained from getting inside any form of transportation that release carbon into the environment which allowed him to enjoy the company of his family. Vandana Shiva’s self sustaining villages allows people to simply get up in the morning and go, since all of the resources they need such as food, laundry, and everything else will be found locally. There will be no need to commute from point A to point B for everyday living. By reducing the amount of time one spends in a car, the happiness of that person increases since they are dedicating more of their time to the people they care about. Particularly, Beaven states that “...Americans spend the equivalent of nearly five work-months a year either driving our cars