...* Titles and Citation: United State V. Arvizu, 534 U.S. 266 (2001) * Procedural history * The case is before the court for respondent’s motion to suppress evidence * Agent Stoddard did not have reasonable suspicion to stop the vehicle as set forth by the Fourth Amendment * District Court of Arizona denied respondent’s motions to suppress * Facts of the Case * The afternoon of January 1998 Agent Clinton Stoddard was working at a border checkpoint by highway 191 30 mile north of Douglas Arizona * Respondent was traveling on an unpaved road and area Know to be taken by drug smugglers * respondents minivan set off the magnetic sensors which are used to alert boarder officer * Officer Stoddard spotted the respondent and asked permission to search the minivan * Issue(s) * Does Agent have good cause to stop Respondent minivan in compliance of the Fourth Amendment? * Holding * The court rule in favor of Agent Stoddard after examining the facts stated Stoddard had reasonable suspicion to believe that respondent was engage in drugs smuggling * Reasoning * The court applied the reasoning Stoddard to inter from his observation, registration check, experience as a border patrol agent. Stoddard had reasonable suspicion to believe that Arvizu was engaged in illegal activity, having considered the totality of the circumstances and given due weight to the factual inferences drawn by the law enforcement officer and District Court...
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...of its motion to suppress evidence Michael K. Cutter Cutter and Associates, P.A. 1000 Anystreet Rd. Jacksonville, FL 32202 (904)-555-555 Attorneys for Defendant Bobby Lane QUESTION PRESENTED I. Whether the Court would erode the Fourth Amendment’s intent to protect citizens’ rights to be secure against unlawful arrest by admitting evidence when it was found on Defendant’s person subsequent to a warrantless arrest for which Defendant was wrongly suspected of being a Jewelry Store Burglar based on static details given by an anonymous caller and police observation that something “sparkly” was in Defendant’s van, further Defendant never “voluntarily” consented to the warrantless arrest, and most notably seizure for the arrest in question occurred inside the threshold of Defendant’s home? Table of Contents Page Question Presentedi. Table of authoritiesiii. Statement of the case1 summary of the argument2 Argument3 I. MR. BOBBY LANE’S FOURTH AMENDMENT RIGHTS WERE VIOLATED WHEN he was SIEZED INSIDE THE THRESHHOLD OF HIS HOME WITHOUT WARRANT, ABSENT PROBABLE CAUSE FOR THE JEWELRY BURGLARY, OR A CONCENT EXCEPTION. THEREFORE, THE COURT SHOULD GRANT THE MOTION TO SUPPRESS...
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...buddies opened fire on a rival gang passing by. The shooters then got into Riley’s car and drove away. As couple weeks pass by, petitioner David Leon Riley was arrested on August 22, 2009, after a traffic stop that resulted in the discovery of a loaded firearm in his car. The officers took Riley’s phone and searched through it. As the police searched through the phone they charged Riley with a related shooting that had taken place several weeks prior to his arrest. Riley moved to suppress all the evidence that the police had obtained from his cell phone. The court denied the motion, and Riley was convicted. Issue: Was the evidence admitted at trail from Riley’ s cell phone discovered through a search that violated Riley’s Fourth Amendment right to be free from unreasonable search. Decision: Yes. The First Circuit reversed the denial of the motion to suppress and vacated the relevant convictions. Reason: The reason the First Circuit Court reversed the denial of the original motion to suppress made by The California Court of Appeal was because the court held that the warrantless search exception during an arrest exist only for the purposes of protecting officers safety and to preserve evidence. In this cases nether of which was a issue in the search of digital data. They found that digital data cannot be used as a weapon to harm an officer, and it is the officers right to preserve the evidence while they wait for a warrant by disconnecting the phone from the network....
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...Washington, D.C. (Bruce S. Oliver, Elena Kagan, and Williams & Connolly, Washington, D.C., on the brief) for appellant Kuang Hsung J. Chuang. Before TIMBERS, NEWMAN and ALTIMARI, Circuit Judges. TIMBERS, Circuit Judge: 1 Appellant Kuang Hsung J. Chuang appeals from a judgment of conviction entered August 1, 1989, in the Southern District of New York, Miriam Goldman Cedarbaum, District Judge, 696 F.Supp. 910, upon a jury verdict on twenty-two counts, including misapplication of bank funds, making false statements to bank regulatory officials, other substantive counts, and conspiracy. The district court denied Chuang's pretrial motions to suppress evidence obtained from warrantless searches of his bank and law offices. 2 On appeal, we find that the chief claim of error raised by Chuang is that the district court erred in denying his suppression motions. Other claims of error have been raised and considered. 3 For the reasons which follow, we affirm the judgment of conviction. I. 4 We shall summarize only those facts and prior proceedings believed necessary to an understanding of the issues raised on appeal. 5 Chuang was the chairman, president and chief executive officer of the Golden Pacific National Bank ("GPNB"). On June 17, 1985, after receiving information from an informant about certain activities at GPNB, the Office of the Comptroller of the Currency ("OCC") began a warrantless examination, pursuant to 12 U.S.C. Sec. 481...
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...The defendant moved to suppress the drugs based on the fact that the drugs were obtained as a result of an unlawful search and in violation of the 4th and 14th amendment. The judge allowed the motion and concluded that Desmarais's actions of "lifting back the defendant's waistband visually to inspect the defendant's buttocks area and later to retrieve the drugs amounted to strip searches that he concluded were unreasonably conducted." (Morales v Commonwealth. 464, Mass. 334. 2012. Print)....
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...Two police officers were patrolling in a high-crime neighborhood. They noticed a parked car with two people inside (a driver and a passenger). The officers saw a young woman leaning into the passenger's window and handing the passenger an object, which they could not identify. At this point they approached the car and the woman began to walk away. One of the officers noticed the passenger making a shoving down motion, leading the officer to believe that the passenger might be armed. The officer drew his gun and shouted "let me see your hands." After making more shoving down motions, the passenger complied. The officer reached into the car and touched a bulge in the passenger's pocket. He felt large, hard objects which he believed to be rocks of crack cocaine. He then removed a plastic bag from the pocket. It contained several rocks of crack cocaine that, together with another rock found in the passenger's clothing, totaled almost 100 grams. The passenger was arrested, but the driver and the woman standing outside it were not. Should the passenger's motion to suppress the seized evidence be granted? On a routine patrol, an officer noticed a parked car. Two people were inside, and they were in a high crime area near a bar that was known for gang activity. In the past, the officer had responded to calls from the bar for everything from murder to public intoxication. The officer testified that he stopped to see if the individuals were committing a crime, lived in the area, or...
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...This can only occur if proof of the evidence was secure in a way that was in violation of the constitutional rights afforded to an individual. Law allows individuals accuse of a crime to challenge the scope of the evidence by filing a pre-trial motion to stop or suppress the verification of the evidence. If the court finds no errors in the evidence or any reason of fault they will allow evidence to be present at trial, however the jury members must vote to solidify this or convict. Defendant can file a motion to challenge the court ruling decision and their counsel would move for motion to suppress on petition or appeal. “If the defendant succeeds on appeal, obtaining a conviction in the second trial would be significantly more difficult if the evidence suppressed by the exclusionary rule if it is important to the prosecution, because it is the foundation of the case” (FindLaw Para...
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...Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including the honest-services-fraud charge and sentenced him to 292 months in prison and ordered him to pay $45 million. U.S. Court of Appeals affirmed the conviction. The Supreme Court granted Skilling’s request that it hears the case. Final verdict: Fifth Circuit’s ruling upholding conspiracy conviction vacated; case remanded for further proceedings. Name of Case: Arthur Andersen LLP v. United States Page: 137 Court/Year: U.S. Supreme Court 2005 Facts: Andersen audited Enron’s publicly filed financial statements and provided internal audit and consulting services to the corporation. Andersen team had allowed Enron to engage in “off-balance-sheet” for accounting purposes so that it reflected positive returns, which is a violation under GAAP. Later, an Andersen partner began to destroy documents when he was instructed not to because it was against the policy. Andersen was indicted for intentionally persuading its employees to destroy documents. They violated Title 18 of the United...
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...Case Name: Herring v. United States Citation: 555 U.S. 135 Date of Decision: 2009 Area of Law: Fourth Amendment- Unreasonable Searches and Seizures. Good Faith Exception to Exclusionary Rule. Vote: 5/4 Procedural History: The Defendant was convicted in court after the District Court of the Middle District of Alabama denied Herring's motion to suppress evidence. The Court of Appeals for the Eleventh Circuit affirmed. Case Facts: The Alabama Sheriff's Department apprehended Herring in Coffee County. The officer called the county's warrant clerk to check for a warrant, but one was not found. However, Dale County Sheriff's Office was called and found a warrant to be active. The warrant was recalled five months prior, but someone...
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...In a trial court held in California, Brendlin filed a motion in order to have the evidence at hand suppressed, claiming that the stop had been an unreasonable seizure in violation of the Fourth Amendment. The motion was denied, having Brendlin plead guilty to manufacturing methamphetamine. In denying the motion to suppress the drug evidence, Sutter Superior Court Judge Christopher R. Chandler held that Brendlin was seized when Brokenbrough demanded him to exit the Buick, not at the point of the traffic stop. Chandler reasoned that Brendlin was free to leave if he really wanted to (Bay). A California Court of Appeal reversed the decision, holding that a traffic stop naturally concludes in a Fourth Amendment seizure...
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...Title UNITED STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov...
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...INTRODUCTION Dewey Cheetum is raising a motion to suppress certain evidence regarding his criminal charge of violating 18 U.S.C. § 1953 (2000). He claims that his Fourth Amendment rights were violated during a search conducted by his boss, McGuire-Maines. This memorandum addresses whether Cheetum’s motion to suppress evidence will prevail or not. QUESTIONS PRESENTED 1) Whether Cheetum, as a public employee, has an objectively reasonable expectation of privacy in his credenza at his workplace? a. Whether Cheetum had a sufficient personal relationship to the items seized? b. Whether Cheetum exercised immediate control over his personal property when it was seized? c. Whether Cheetum took a reasonable amount of steps to maintain privacy over...
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...The State of Texas. According to Justia website, " On January 1, 2006, appellant called 911 to report that he had found a man's body while walking home with his son. When San Antonio police responded, they found the body of Amos Gutierrez, who had been killed with a single gunshot. The magazine clip for a pistol was found near his body. When police received information implicating appellant in the murder, they arrested him on unrelated misdemeanor warrants. After appellant confessed on videotape to the shooting, he was charged with capital murder. He filed a motion to suppress his confession, contending that his confession was involuntary and obtained in violation of the federal and state constitutions as well as Texas...
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...prison. Wilson appealed the ruling on the grounds that “the trial court erred in denying his motion to suppress because the police violated the law to obtain his confession.” (Marion) The Fourth Court of Appeals who reviewed the decision and the procedures used agreed with Wilson. Their decision reversed and remanded the trial court's original ruling, but this was appealed by the state. The case was then taken to the Texas Court of Criminal Appeals – the state's highest court involving criminal...
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...checkpoint in Sierra Blanca, Texas. Border Patrol Agent Cantu stepped onto the bus to check the immigration status of its passengers. He checked the entire bus and on his way back, he squeezed the overhead luggages. Bond was seated just before the end of the bus and above his head, Cantu squeezed Bond’s bag and noticed it contained a “brick-like” object. Bond admitted the bag was his and consented to a search. Agent Cantu discovered a brick of methamphetamine in the bag, disguised by a rolled pair of pants. Bond was indicted for conspiracy to possess and possession with intent to distribute. Procedural Disposition- After Bond was indicted with federal drug charges, he moved to suppress the drug charges by arguing Agent Cantu conducted an illegal search of his bag that violated the Fourth Amendment. Bond’s motion was denied, the District Court found him guilty on both counts, and he was sentenced to 57 months in prison. Bond then appealed to the Court of Appeals. The Court of Appeals affirmed the denial of the...
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