I have reviewed chapter 11 and found three cases that are vital to policing in today’s society. I found that the exclusionary rule, probable cause, and random traffic stops are three of the most important part of policing that can be used that violate suspect’s rights. These three can and have been misinterpreted by the police. The police have tried in the past to operate in gray areas in order to seize documents and drugs from people’s homes and vehicles.
Weeks vs. United States
In this case police arrested the suspect at his place of business. Mr. Weeks home was illegally searched and all the evidence that was used against him in his trial. His conviction was overturned because the police violated his rights.
Rochin vs. California
In this case police entered Mr. Rochin’s home without a warrant, and stated that they believed that Mr. Rochin attempted to hide narcotics within his body by swallowing something in their presence. They attempted to retrieve the narcotics on the scene and could not. They then took him to the hospital to have his stomach pumped which resulted in 2 capsules being retrieved. His case was overturned on appeal due to the forcible seizure violating Mr. Rochin’s 14th amendment rights.
Atwater vs. City of Lago Vista
Gail Atwater was handcuffed and detained for failure to restrain herself as well as her infant children. Ms. Atwater was taken into custody without being arrested. The police officer can use probable cause in this case. The officer believed that Ms. Atwater committed a crime in his presence. An officer can detain a suspect without arrest if the officer has probable cause that a crime has been committed within their presence or have eye witnesses identifying the suspect as a suspect.
Delaware vs. Prouse
A routine traffic stop is a violation of a citizen’s Fourth Amendment. In this case William Prouse’s vehicle was stopped