Write A Case Study: Compulsory Or False Murder?

The officer did have reasonable suspicion to make contact and after locating the weapons he had his probable cause. There are four situations that Probable Cause is used; involving arrests with a warrant, arrests without a warrant, searched of items with a warrant, and searches of items without a warrant (V., D. C., & Walker, J. T., 2015). Most of my encounters with individuals occurs on traffic stops; which require probable cause to stop them. My probable cause could be speeding, reckless driving or any traffic violation in the traffic law manual. Once probable cause is established then contact is made with the driver. If there is reason to believe that there is more than a traffic violation, such as an officer smelling marijuana inside the vehicle, then he or she can now have access into the vehicle. My probable cause to get into the vehicle is based on my training and experience that there was or is illegal narcotics inside the vehicle. If there is no probable cause to get into the vehicle and an officer feels there is more to the traffic stop than speeding, then the officer needs to build his reasonable suspicion to figure out what the driver is up to. For example, one night on patrol, it was believed that there was a possible drug transaction going on in the

The defendant moved to suppress the cocaine and inculpatory statements in District Court. Suppression was granted as a fruit of the poisonous tree under the exclusionary rule. The Court of Appeals upheld the motion with the claim that private security officers were 'state actors'. The Supreme Court upheld that the

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”.

In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. The Court found that the officer acted on more than an “hunch” and that “a reasonably prudent

The court concluded that the seized of his belongs indeed violated his constitutional rights. The decision made it clear that any evidence obtained during an illegal search and seizure would not be allowed in court. (The Oyez Project, 2014)

A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine. “In Harris v. United States (1968), the Supreme Court ruled that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is therefore admissible as evidence.” [1] The

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 trial court denied Harris’s motion to suppress evidence that was found when Officer Wheetley performed a search, and the court found that Wheetley had probable cause to search Harris’s vehicle. The defendant entered a not guilty plea and appealed to the intermediate state court. The intermediate state court affirmed the trial court's ruling. The Florida Supreme Court reversed the decision stating that Wheetley lacked probable cause. When the case was brought before the U.S. Supreme Court, they rejected and reversed the decision that the Florida Supreme court made, and they upheld the decision of the trial court.

The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is

In the case of Illinois vs. Wardlow, many factors contributed to Wardlow’s arrest. Starting with the facts of the case, on September 9, 1995 Sam Wardlow fled after seeing police vehicles covering an area in Chicago where it was known to have high drug trafficking. Two police officers spotted Wardlow, Officers Nolan and Officer Harvey, and once Officer Nolan caught up with Mr. Wardlow, Officer Nolan proceeded to conduct a pat-down search of only the outer layer of clothing, or a “Terry Stop.” Officer Nolan was well aware that in this area, there was almost always a weapon on a suspect that was involved with some type of drug transaction. After conducting the frisk, Officer Nolan squeezed the opaque colored bag that Mr. Wardlow was

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.

1. Did officer Smith have reasonable suspicion to make the initial stop of this vehicle?

I do not believe the motion should be granted. I believe the officer could articulate why he conducted a frisk of Tommy. The level of suspicion required for conducting a “pat-down” or otherwise known as a “Terry-frisk” is reasonable suspicion (Hall, 2014). This is based off the famous U.S. Supreme Court case of Terry v. Ohio (Hall, 2014). Reasonable suspicion is the belief by a reasonable and prudent person, based on articulable facts that something has happened.

The trial judge concluded that MacDonald’s possession of the gun was unauthorized and that, “the officer’s pushing the door open further did not breach M’s s. 8 Charter right to be free from unreasonable search” (pg 38). The officer pushing the door

Is the warrantless search and seizure of Elliot Watson, who was arrested for possession of Marijuana with the intent to distribute, after being detained by Officer Johnson who was on the lookout for a vehicle and kidnapper with the same vehicle and clothing description as Mr. Watsons’ sports coupe car and 5 foot 9 inches tall, brown hair, and brown eyes wearing a white tee-shirt and blue jeans, legal?