The first witness who will testify for the prosecution is Officer Bobby Flanegan. This witness will demonstrate that the warrantless search of the defendant’s apartment and backyard was proper. Officer Flanegan will also provide evidence to show that exigent circumstances were present, such as the possibility of a weapon in the possession of the defendant. For example, there was a possibility that gravity knife was in Kelly Robert’s possession at the corner of Chippewa and Franklin. Officer Flanegan will also provide evidence the seizure of the pills in the backyard were for the safety of the children in the daycare center next door. As shown, the hole in the fence that separated the daycare center’s property from that of Kelly Roberts’ demonstrated …show more content…
Mitchell, People v. Faulkner, and Kentucky v. King. People v. Mitchell provides a three-prong approach to warrantless searches due to the emergency doctrine. It parallels the current case as it proves that Officer Flanegan’s approach in searching the defendant’s apartment was justified because he had reasonable grounds to believe that there was an emergency at hand. For example, an emergency involved the possibility of children ingesting the pills. Moreover, People v. Faulkner and Kentucky v. King are equal in terms of importance. As shown in both People v. Faulkner and Kentucky v. King, exigent circumstances justified the warrantless entry into the defendant’s apartment. In People v. Faulkner, police officers experienced a narcotic drug deal, and it immediately led to a hot pursuit. They then entered the defendant’s apartment without a warrant. Due to the presence of exigent circumstances, such as the strong likelihood that the narcotics could be destroyed, the officers were justified in their actions. Kentucky v. King offers a similar situation, as it also involved a warrantless entry into a defendant’s apartment to prevent the destruction of evidence. These two cases both parallel the current case as it shows that the warrantless entry and search of the defendant’s apartment and backyard was proper due to exigent …show more content…
The biggest problem is whether or not the defendant give the officers consent to search her apartment and backyard. This is because Kelly Roberts did not directly give Officer Flanegan consent to search, as she stated that she is not answering any questions because the officers would probably do whatever they wanted to do with or without her permission. The law also propounds this doctrine. People v. Gonzalez states that consent to search is truly voluntary. Therefore, arguably, the warrantless search was not justified. Furthermore, another obstacle is Leslie Mooney, since she has a lot of bias. Her son, Larry, experienced a drug overdose because of the defendant. As can be seen, Mooney has bias and is even testifying for the defense to get Kelly Roberts off the streets. Moreover, the weather produces a problem for the prosecution too. The National Oceanic and Atmospheric Administration (NOAA) stated that there was significant rainfall starting at approximately 5:00 P.M., but the search was conducted before 2:30 P.M., which left time for the prosecution to get a
Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is
Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.
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
Unreasonable searches are to be prohibited in middle schools. Since the reasons for Redding being search was at the request of the principal. Wilson, he was the main person discussed. The nurse and secretary were acting as agents for Wilson in order to perform the search that he was unable to do because he was male. The school’s rules for the suspicions of illicit drugs were modified to adjust to how it should be handled by school officials. The reasonable standard of suspicion and probable cause has an implicit bearing on the reliable knowledge of what is known and discovered. The rules of the school do strictly prohibited the use of nonmedical use, possession, or sale of any drug on the school grounds. The majority feels that the manner in which she was searched was unjust and that it should have been more proof before they proceeded to perform a strip search of the student. The search of the backpack and outer clothes could be expected because of reasonable suspicion of concealing drugs, but the strip search was unnecessary because her clothes did not have pockets and they did not have the right or enough proof to proceed with the strip search in the manner that they did. The Court has adopted a different standard for searches involving an intrusion into the human
The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always
Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp’s apartment was illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem. Regarding the issue of search and seizure, the Supreme Court has developed a much
The Supreme Court consolidated two cases where the police gained entry into the defendants’ home without a search warrant and seized evidence found in the house. The rule of law as read out under the Fourth and Fourteenth Amendment posits that the United States Constitution has prohibited warrantless entry and search of a premise, absent the exigent circumstances, regardless the existence of a probable cause. The courts in Payton held that the Fourth Amendment made it a violation to enter a premise during an arrest absent an arrest warrant and exigent circumstances; a person’s house is a critical point to which the constitutional safeguards should be respected.
If the police officer precedes to search the resident’s house without obtaining a search warrant the evidence obtained can be deemed illegal under the Fruit of the Poisonous Tree Doctrine. “Under this rule, Fruit of the Poisonous Tree Doctrine, evidence that has been seized illegally is considered “tainted” and cannot be used against a suspect.” [6] The Exclusionary Rule could also be used as cited in the Mapp v. Ohio case. Anything obtained illegally could be deemed tainted or inadmissible in court. It is imperative that the police officers follow all procedures faithfully and as per the tenets that the courts have set up. Any mistakes can, and regularly do, permit a liable party to go free on a technicality.
The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is
A. Rule: The court case of T.L.O. also establishes a more compassionate standard of what they review as a “reasonable suspicion”, in what goes on to determine whether or not the lawfulness of the search was in the school policy or follows district policy too. To lead reasonable suspicion can sum up and equalized,when it leans toward a lessen of any chance of finding evidence of wrongful behavior in a student or individual. Of all the information Wilson acquired from the Faculty and other questionable sources from students, Marissa’s statement of the pills came from Savannah that lead was sufficient in justification of a search upon Savannah’s backpack. In addition the Savannah’s outer clothing. Savannah reasoning could be possibly was reckoning of carrying the tylenol. The disgraceful strip search and seizure that ultimately exposed her private areas to some degree.The content of this belief failed to match the degree of intrusiveness she was getting from the school. Nothing was led to suggested the amount and quantity of the drugs, could appeal to pose a real danger to any of the students or to that of Savannah in carrying pills in her underwear or in bra.School officials are allowed and can search any students belongings and lockers. They are entitled to qualified immunity where it clearly states and establishes as qualified immunity and established
ISSUE: (1) The police department continued with the interrogations process that led to incriminating statements without reading the defendant’s rights.
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.
What constitutes a valid search and seizure? The Fourth Amendment protects Americans from unreasonable searches and seizures. Consequently, it seeks to create stability or poise between the needs of law enforcement and the privacy of people in the United States (Worrall, 2017). The justifications that arise from the law make sure that enforcement officials function within reasonable standards in their search of a suspect. This paper examines the three levels of justification that validates a Fourth Amendment search. As a result, it is necessary to explore such justifications and their applicability.
Analysis: There was much controversy with this case because police officers did enter an apartment with no warrant. Since there were no bystanders or other evidence except the police officers and the tenants involved it was very difficult to come out with a verdict. Of course the police officers stated that there were exigent circumstances occurring before they enter the apartment and the tenants states that there were no exigent
Reasonable suspicion occurs when an equitable law enforcement officer possessing a belief or intuition of the possibility of a crime being committed, stops an alleged suspect, conducts a brief investigation and “pats” them down if it is believed the detainee possess a weapon. Reasonable suspicion became relevant in 1968, during the paramount case of Terry v. Ohio. An officer observed several people, Terry included, behaving in a suspicious manner in front of a store giving the officer reasonable suspicion to confront the suspects and conduct a brief pat down, whereas it was found that Terry had in his possession a firearm. This made the officer’s reasonable suspicion plausible, ruled by the Supreme Court, (Terry v. Ohio, 1968). Thus, this lead reasonable suspicion to probable cause to the arrest of Terry and his fellow accomplices.