... 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...
Words: 2277 - Pages: 10
...Defending Justice Douglas’s Dissent of Terry v. Ohio Defending Justice Douglas’s Dissent of Terry v. Ohio Terry v. Ohio is a landmark supreme court case that started on October 31st, 1963, in Cleveland, Ohio, when police officer Martin McFadden observed three men engaging in suspicious behavior. At first, two men, John W. Terry and Richard Chilton, were taking turns pacing up and down Euclid Avenue, stopping to peer into a storefront, then congregating at the street corner. Later, a third party (Katz), met the two at the corner then left abruptly after brief conversation. Officer McFadden then confronted the three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action." Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved (Kemp...
Words: 1036 - Pages: 5
...Jasmine Thibodeaux Case Study #2 Kirk v. Louisiana I. In 1998, residents of a New Orleans neighborhood left tips for the New Orleans Police Department regarding drug activity. Detectives from the NOPD started surveillance on the apartment which belonged to Kennedy Kirk. During the surveillance of the apartment they witnessed four apparent drug transactions at Kirks residence. After one suspected buy they stopped the buyer that just left the apartment and found that he was in possession of crack cocaine. The detectives had probable cause and believed that evidence could be destroyed if they waited for a warrant. They decided to enter without seeking that warrant. Once inside the residence, they found crack cocaine, cocaine and cash on Kirk himself. No other drug paraphilia was located in the apartment. Kirk was convicted of possession of cocaine with the intent to distribute. He believed his arrest was illegal and “police were not justified in entering his home without a warrant absent exigent circumstances” (Cornell University Law School, n.d.) and appealed to the higher court. The Louisiana Court of Appeal declined to determine if those circumstances existed because “the evidence required to prove that the defendant possessed cocaine with the intent to distribute, namely the cocaine and the money, was...
Words: 528 - Pages: 3
...Jesse Dove CCJS 100 Research Paper Case Study 1 – Murder 13December2013 Case Study One, Murder It’s sad to think about but each and every day someone in this country gets murdered. Violence seems to flood our streets and pollute our society. It doesn’t matt why either, it could be over drugs, money, or disputes. This is something I find unacceptable but see no end in sight to. As we will see in the case study I will present on one particular murder I will explain my views of the case and what I believe to be the proper punishment. I chose the murder of a man and a women named Rodney Hill and Lucy Wolf. From what little details I have it seems that the incident occurred due to a jealous husband acting on his anger with the use of deadly force. It documented how a restraining order was already placed on Ms. Lane’s former husband due to previous problems with physical and mental abuse. In my opinion I believe this might have been what triggered James T. Lane, a bartender and her former husband to lash out in rage. Both Ms. Lane and her new intimate relationship partner Mr. Hill were found dead due to multiple stabbings after her neighbor called police when he heard loud commotion and yelling that ended in screaming. Once police arrived on scene they found both Ms. Lane and Mr. Hill dead at her residence, the death appeared to be caused due to multiple stab wounds on both individuals. Mr. Wolf also reported to police a description of a vehicle that matched Mr. Lanes automobile...
Words: 1691 - Pages: 7
...requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important thing that I would like...
Words: 3053 - Pages: 13
...Search Warrants & Probable Cause Dale Langston American Intercontinental University Abstract This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches, if the reasons are compelling, and if all requests require probable cause exists or exceptions. Search Warrants & Probable Cause Search warrants are issued when there is probable cause and it needs one. If a police officer was to walk into your household and search it without consent or a search warrant, they not only get into trouble, but what they might find could be thrown out at the hearing and does not count against you. Occasionally there are even searches that will not involve a search warrant which means whatever they do discovery can become trouble for you as well as can be used alongside you in court. Under the Fourth Amendment, to law enforcement or anyone else in this field, individuals need be safe in their households and in their individuals against arbitrary searches and seizures (Schmalleger, 2012). Fourth Amendment states: "The right of the people to have protection of their persons, houses, papers, and effects...
Words: 1621 - Pages: 7
...and started talking to the party goers they smelled marijuana on the individuals. Because of the reasonable suspicion and probable cause that criminal activity was taking place they had a right to search the premises. This is found in the Fourth Amendment under Probable Cause and Reasonable Suspicion (Farlex, Inc., 2014).To protect evidence from being destroyed they also had a need for the search of the premises. To protect themselves as well as possible evidence they were also permitted to frisk the individuals that were out on the porch of the house. This exercise is permitted when they have reasonable suspicion that a criminal activity is taking place (Daniel E. Hall, 2012, pp. 509-510). While frisking the individuals a bag of marijuana was found. This led the police officers to then call for backup for searching the house before evidence inside the property could be destroyed before a warrant could be obtained. While waiting on the backup they proceeded to search the remaining individuals inside the home, again to keep themselves safe. Drugs are a type of evidence that can disappear either by use or being destroyed. Under the evanescent evidence exception police are allowed to search and obtain evidence that could disappear or be destroyed before a warrant can be obtained (Daniel E. Hall, 2012, p. 510). The officers knew, or at least had probable cause to believe, that drugs were on the premises based on the smell on the individuals at the party. In Illinois v....
Words: 1268 - Pages: 6
...Chapter 4,5 MULTIPLE CHOICE 1. In which 1984 case did the Supreme Court define a search as “a governmental infringement of a legitimate expectation of privacy?” a. United States v. Ross c. Mapp v. Ohio b. United States v. Jacobsen d. Terry v. Ohio 2. A lane search, or partitioning the area into lanes, a. can be adapted to any number of police personnel. b. is intended to be used only with one officer. c. works well inside. d. must always be used with a traffic director. 3. Which of the following is not a goal of a search during an investigation? a. to establish that a crime was committed b. to establish when the crime was committed c. to identify who committed the crime d. to punish the offender 4. Which of the following do investigators not need to know in order to conduct an effective search? a. the legal requirements for searching b. the identity of the offender c. the elements of the crime being investigated d. the items being searched for 5. The Fourth Amendment to the U.S. Constitution forbids what type of searches and seizures? a. illegal c. unreasonable b. unsupervised d. undercover 6. In which of the following cases is a search not legal? a. The search is incidental to a lawful arrest. b. An officer stops a suspicious person and believes the person to be armed. c. An emergency exists. d. An officer conducts a search of a motorist for a driving infraction. 7. A way to determine if probable cause exists today is which test? a. plain-view doctrine...
Words: 2519 - Pages: 11
...In this paper, I will be going over the following case study. I will be doing this from my personal perspective and experiences as a law enforcement officer, and based off of my common knowledge. “John Doe is an individual who left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to...
Words: 1589 - Pages: 7
...Amendment Essay Jake Russell AJS/503 Intro to Graduate Study in Criminal Justice April 11 2015 Many law enforcement officers have been accused of illegal searches and seizing property for evidence illegally with no probable cause. That is unconstitutional according to the fourth amendment. The fourth amendment protectects the right of the people to be secure in their homes, cars, any personal belongings, and no warrant can be issued without probable cause. That means an officer can't just infiltrate your home because he thinks some drugs are inside. Him/Her will need sufficient reason based on facts known to believe a crime has been committed or that certain property is connected with some illegal activity. In an New York Times article Newark, New Jersey has had several instances of unlawful practices and illegal stops and searches by police officers. To deal with these problems a proposal to have officers wear cameras and also make some changes to individual department policies on search and seizures has been made. The justice department revealed a document stating that seventyfive percent of people stopped was without probable cause, and the majority people stopped by the police were minorities. Even the property seized unjustified such as drugs and firearms was gone unreported. The fourth amendment was created just for this issue. Some officers take too much authori...
Words: 550 - Pages: 3
...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
Words: 1934 - Pages: 8
...STUDY OF THE 4TH CJUS367-1004A-05 Criminal Law Study of The 4th Amendment Study Of The 4th Amendment This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order for police officers to make arrests, make vehicle stops, etc…If a person is placed under arrest, the Miranda rights must be read, in part it reads, “You have the right to remain silent, if you give up that right, anything you say can and will be used against you…” even criminals have rights, and their rights can’t be violated no more than any other citizens, that is why they have to know they have a right to not say anything if arrested and detained by law enforcement. The Constitution of the United States of America is a document, drawn up by our fore fathers designed to lay out the “unalienable” rights of each citizen, as “endowed by the creator”; as well as delegate powers and responsibility of each branch of government, but on the premise that no one branch of government should have exclusive...
Words: 970 - Pages: 4
...federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution or release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: - It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place. 1.2 Decision to Charge: Prosecutors study all information provided by the investigators, and at that time prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes that they have a lock tight case, he...
Words: 4401 - Pages: 18
...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
Words: 7110 - Pages: 29
...angles depending on the amount of impairment. The Walk and Turn and One-Leg Stand tests necessitates someone to pay attention, listen to and follow instructions while responding to basic physical movements. These tests have shown to be alcohol sensitive, therefore, those who are impaired will have trouble with these divided attention tasks. While the tests are being done, the officers take note of clues that are signals of impairment. However, before these tests are given, there is generally probable cause as to why the officer feels the need to investigate. The video in consideration for this paper is Top 3 Sobriety Tests- number 2. This is a short recording of an officer performing a field test on a woman whom he had pulled over in suspicion of driving under the influence. It is obvious by the woman’s driving that something is going with her due to the fact that she is swerving all over the road and this is what gets the officer’s attention. This is a probable cause for suspicion of driving under the influence (Traffic Resource Center, n.d.). He pulls behind her and turns his lights on, but she does not even notice him for a bit before she finally pulls over. When he approaches the vehicle, the woman...
Words: 938 - Pages: 4
