The United States Constitution Essay

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MOTION The Area Defense Counsel has moved to suppress the baggy of marijuana that was seized from SrA Riley’s trunk, as well as any and all evidence obtained from the cell phone. The admission of this evidence would violate SrA Riley’s rights under the Fourth Amendment to the United States Constitution. FACTS 1. SrA Riley was pulled over by SSgt Justice for speeding on base. SSgt Justice smelled marijuana coming from SrA Riley’s car. 2. The conversation between SSgt Justice and SrA Riley went as follows: SSgt Justice asked SrA Riley if he could look in her trunk. SrA Riley said, “Do I have to let you?” SSgt Justice responded, “Well, if you don’t, I can just get a search authorization from the military magistrate anyway, so you might as well let me look so you can leave sooner.” SrA Riley sighed and said “Fine, whatever.” 3. SSgt Justice searched the trunk and found a small Ziploc baggy of a green leafy substance. SSgt Justice arrested and searched SrA Riley. SSgt Justice seized an iPhone 7 from SrA Riley’s ABU pants pocket. He turned her cell phone on and read her text message, which suggested fraternization and unprofessional relationship. LAW 4. Fourth Amendment (1791), US Constitution, states: 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
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