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Mr. Pilazzio and Mrs. Walden V. Encinitas Superior Court

In:

Submitted By kyky32
Words 2277
Pages 10
Issue:
Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause.
Rule:
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.(1)
Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches, Probation searches, Search incident to arrest, Stop & Frisk, Exigent circumstances, Plain view, Vehicle searches- the search and seizure of stolen or forfeited goods, or goods subject to a duty, and the personal effects searched or seized for evidence. If a vehicle is impounded or if there is probable cause, law enforcement does not need a warrant. Border searches, Open fields, abandoned property, Consent searches, Administrative (2)

Does not support the case:
Carroll v. United States
Robbins v. California
Does support the case:
Knowles v. Iowa
Wyoming v. Houghton

History: On the morning of November 12, 2013, Mr. Mike Pilazzio was driving his friend, Erika Walden to work and illegally cut across a solid double yellow line, California moving violation VC 21755, on Encinitas Blvd. giving the cop reason to pull the car over for the traffic violation. Mr. Pilazzio had a few minor traffic violations about 4 to 5 years ago for speeding, but other than that, his record was clean. The police officer asked for their

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