Mr. Pilazzio and Mrs. Walden V. Encinitas Superior Court
2264 Words10 Pages
Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.(1)
Exclusionary rule: There are thirteen…show more content… As to a consent search, automatically you give up your Fourth Amendment right for search and seizure. An exception to the Amendment is “Luggage, handbags, paper bags, and other containers are common safe places for one's personal effects and papers, and the protection of these items from state intrusion lies at the heart of the Fourth Amendment. U.S. Const., Amendment. 4.
In other words, giving consent to an officer gives him/her permission to look through your personal possessions and what evidence he/she is allowed to take during the search and can be used against you in the court of law. Unless the consent is limited, they can search anywhere in the passenger compartment, including hidden places and containers. That means behind the door panels, speakers, or dash area.
One example of probable cause is one of the major cases that I keep coming across is Carroll v. United States. The Federal prohibition agents, who were undercover working a case to purchase illegal liquor from Carroll, saw he and a coconspirator leave to buy liquor but due to the supplier being unavailable, the transaction failed. The undercover agents watched for the vehicle description of the car that Carroll had used to move the illegal liquor. A week after the agents observed Carroll and his coconspirator on a roadway that is notorious for smuggling the illegal liquor. When the