Florida Vs Harris Case Study

FACTS: Graham, 16 years old, was sentenced to three years' probation, with the first year to be served in the county jail. Less than six months after being released, he was arrested for a home-invasion robbery with two accomplices. After that, he was sentenced to life imprison without the possibility of parole.

Another case that establishes the premise for determining the validity of the search includes United States v. Matlock. The question before the Court in Matlock was whether the third party's consent for the police to search the defendant's house was "legally sufficient" to render the evidence admissible at trial. Police officers arrested the defendant in his front yard, but did not request his permission to search the house. Instead, some of the police officers approached the house and requested permission to search from Mrs. Graff, who lived in the house with defendant. Mrs. Graff consented to the search and the officers found nearly $5,000 in cash in a closet. Both the district court and the court of appeals excluded the evidence from the trial, finding that Mrs. Graff did not have the authority to consent to the search. The Supreme Court granted certiorari to settle this evidentiary issue. Justice White, for the Court, espoused the

Maria A. Cardona, write this opinion to support the majority opinion on the case of T.M v. State of Florida.

I, The Honorable Nyla Lennon write this opinion to support the majority opinion on the case of T.M. v. State of Florida.

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.

In March 2001, a Georgia deputy attempted to pull over 19-year-old Victor Harris for driving 73 miles-per-hour in a 55 miles-per-hour zone. Instead of slowing down, Harris increased his speed, which initiated a chase at speeds exceeding 85 miles-per-hour. The deputy radioed for backup to pursue him. Deputy Timothy Scott, the petitioner in this case, joined the group of officers pursuing Harris. The officers attempted to box Harris into a shopping center parking lot, but he made a sharp turn, collided with Deputy Scott, and sped off again. Deputy Scott took over as the lead pursuit officer in the chase.

On Thursday, July 14, 2016, at approximately 0847 hours, Patrolman David Stamets had a vehicle stopped on the 100 block of East Oak Street. Immediately after Stamets stopped the vehicle Your Affiant positioned his vehicle on the 100 block of South White Street near the Oak Street intersection facing southbound. When exiting my vehicle your Affiant observed a gold Pontiac sedan accelerating northbound on South White Street at an unsafe speed towards Stamets and your Affiant's location.

Gregory Lee Johnson was found guilty of violating Texas state law by burning the American flag at the Republican national convention in Dallas, Texas. The state sentenced Johnson to one year in prison and a fine of $2000. Johnson argued that the right to burn the American flag was protected under the right to free speech in the First Amendment. Johnson appealed the conviction to the Court of Appeals for the Fifth District in Dallas. The court upheld the conviction made by the state, and the sentence given to Johnson remained. Johnson then appealed to the Texas Court of Criminal Appeals and they reversed the decision of the district court and dismissed the charges. The state of Texas then appealed to the Untied States Supreme Court, and the Supreme

FACTS: In Lexington, Kentucky officers were suspicious of a subject who was suspected to be a drug dealer. The officer initiated an observance of the subject’s movements and followed the subject to an apartment where the odor of marijuana was admitting. The officers made their presence known and immediately heard sounds that the believed were indications that the subject was destroying possible evidence. The officers knocked and explained they were making entry into the room. The officers forcefully enter the apartment and observed the primary subject, additional subjects, and drugs including paraphernalia in the open. The subject was brought to The Circuit Court where the court denied the motion of the defense team to remove the evidence from the case based on the entry of the officers being unjust due to not having a proper search warrant. The defense team entered a guilty plea to obtain the authorization to appeal The Circuit Courts ruling. The Kentucky Court of Appeals affirmed this request which prompted The Supreme Court of Kentucky to reverse the decision. This action was based on the courts assumption that additional exigent circumstances did exist however, it did not proved the officers the proper authorization to conduct a

On 02/11/2016 at 1436 hours, I was dispatched to Wawa (1060 Delsea Drive) for a report of an intoxicated male fumbling to unlock his blue Ford F-150 that was parked in the parking lot. Upon my arrival, I observed the vehicle in question leaving the parking lot traveling northbound on Delsea Drive. P/O Ziegler #5196 who arrived with me was able to conduct a motor vehicle stop on the above vehicle as I turned around in the parking lot of Wawa. After I arrived to the stop, P/O Ziegler and I approached the F-150 bearing NJ registration E80GFJ from the passenger side. As I requested the driver now identified as Shawn J. Hammell for his credentials, I observed his hands to be shaking and fumbling as he turned over his documents to me. I then ask Shawn if

In 2014, the Department of Homeland Security (DHS) proposed a guidance policy called the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which would grant temporary deportation protection to about 4.3 million undocumented immigrants. But in that year, twenty-six states challenged the DAPA guidance, therefore the Supreme Court will decide whether the states have standing to challenge DAPA if will increase the costs of state-subsidized benefits, for example drivers license , and if DAPA is lawful and constitutional under the Administrative Procedure Act and the Take Care Clause of the Constitution. This case is called United States v. Texas. The United States states that Texas lacks Article III standing to challenge

In the case of Johnson vs. Texas, Gregory Lee Johnson was brought to court for burning the American Flag outside of the convention center during the Republican National Convention. The incident occurred in Dallas Texas in the year 1984 when Ronald Reagan was President. The report stated that Johnson was protesting against Reagan’s policies in America. Johnson was proved to be a member of a private institution that promoted the communist movement. His protest against Reagan expressed his dissatisfaction. Johnson was arrested and charged for violating a Texas statue fined $2000 dollars for his actions. In response to the fine, Johnson appealed and took his case to the United States Supreme Court.

Decision: Judgment reversed, on the grounds that law enforcement did not have a search warrant to search the defendants backpack. Furthermore the defendants did not pose a threat to law enforcement, nor did they the defendants disobeyed the law enforcement command when the officer stop them. In addition the defendants were never read their Miranda rights before interrogation.

On Tuesday, June 6, 2017, at approximately 2134 hours, Trooper Jason Brown, Unit 522, conducted a traffic stop at the junction of US 460 and Camargo Leevee Road in Montgomery County. Jimmy White was pulled over for driving with no headlights. When Trooper Brown made contact with Mr. White, dispatch advised Mr. White had active arrest warrants. When Trooper Brown advised Mr. White that he had active warrants and was under arrest, Mr. White began to flee on foot. Trooper Brown chased him approximately 300 feet giving him loud verbal commands to stop running. Mr. White tripped over some debris in the yard he was running through and fell to the ground. When he got back up to continue running, Trooper Brown attempted to place him in hand cuffs.

On 03/04/17, Deputy Cody Martin, attempted to make a traffic stop for a defective license plate light on Highway 161 @ Wooten Road. When Deputy Martin initiated his emergency lights, the vehicle turned east onto Wooten Road; failing to yield to Deputy Martin. Deputy Martin continued following the vehicle, and in the area of Boyd Road he initiated his siren and advised he was in pursuit.