Texas V. Gant : Report Of Narcotics Activity At A House

On 11/6/2017 at 1400 hours, I Officer Graves, responded to 735 E Haggard Ave Elon, NC 27244 in reference to an assist. Upon arrival Detective Turney, Lieutenant Sweat, and Officer Peters were at apartment K executing a search warrant. I was requested to remain outside of the residence at the front door. At 1426 hours Captain B. Tillotson entered the residence and left at 1441 hours. At hours Officer Peters released Jacy Loshin from the premises after issuing a citation. At 1455 hours Officer Chavis entered the residence and remained until the search warrant execution was completed at 1530 hours, when all remaining officers cleared.

Citizens are protected by two constitutional amendments, under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises (including a vehicle), and any seizure of tangible evidence, must be reasonable.

Police officers use search and seizure as a tool to ensure their safety, gather evidence, and arrest suspects. In police training, a search is defined as an examination of a hidden place, i.e. a person or their property, whose purpose is to find contraband (DOCJT, 2014, p. 10). A seizure is defined as the capture or arrest of a person or the confiscation of property (DOCJT, 2014, p. 10). Depending on the individual situation, a warrant may or may not be required to conduct searches and seizures. The exclusionary rule, which states that illegally seized evidence is inadmissible in court, has guided the definition of search and seizure, specifically as it pertains

I could be driving minding my own business and a drive by a police officer just parked somewhere and police officer spots me and pulls me over for some reason. The police officer orders me out of my vehicle. Maybe I was speeding and I did not know? Or maybe the police officer wants to search me and my car? Can the officer do that? The answer to all these questions are no, Thanks to the Fourth Amendment, The police officer has limited power to seize and search me or my car (Friedman, Barry, and Orin Kerr). Now, the Fourth Amendment has been questioned repeatedly during the last several years, as police and higher intelligent agencies in the United States have engaged in a number of controversial activities. From the federal government collecting telephones and Internet connections to protect us, due to the War on Terror and trying to prevent the same damage that happened on 9/11. Many municipal police forces have engaged in violent use of “stop and frisk.” There have been as far as incidents were police officers were force to shoot civilians (Friedman, Barry, and Orin Kerr).

While searching an automobile there is a different standard. For example, in the case Chimel v. California, the automobile was a ?movable scene of crime.? Evidence could be gone by the time a warrant could be issued. In California v. Acevedo, 1991, the court set down a rule that covers all automobile searches. It was ruled that, ?when ever police lawfully stops a car, they do not need a warrant to search anything in that vehicle that they do not have a reason to believe holds evidence of a crime.? (Grolier Encyclopedia)

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

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.

1. The Fourth Amendment of the U.S Constitution says, “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.”

The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.

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 legal right is with the officers which allows them to search passenger compartments which are found in the suspect’s vehicle. If officer feels that adequate suspicion exist, they have every right to conduct limited suspect search. Vehicles can be searched by the officials without a warrant, if they have the probable cause with them as per the fourth amendment.

In the article of Ted Johnson “Court Rules for Couple in Police Seizure of Car” he talks about the damages the officers did.”the city violated 4th Amendment rights against unreasonable search and seizure... Dale and Linda Conner were awarded $71,000 in damages.” They did the improper search on both automobiles and must have damage them a lot. This was not an acceptable search and seizure and they ruined their automobiles so sometimes it's better to say no to search and

New York vs Belton gave officers the power to search a vehicle during an arrest as long as the person arrested stayed on the scene of the arrest and the search performed in a timely manner to the arrest, even if the person arrested cannot gain access the

The district court’s holding that allowing ambiguity to defeat apparent authority would unreasonably burden police officers by forcing them to clarify the consenter’s authority over every container within the area they were permitted to search should be upheld as it is one that is supported by persuasive precedent from a sister circuit of this Court. See United States v. Melgar, 227 F.3d 1038, 1042 (7th Cir. 2000). In Melgar, the United States Court of Appeals for the Seventh Circuit uses Supreme Court precedent to support the position on ambiguous apparent authority stated above. See id. (citing Wyoming v. Houghton, 526 U.S. 295 (1999)). The Seventh Circuit states the Supreme