Aguilar Vs Texas Case Analysis
Analysis of issues in the motion to suppress.
Argument
a) The police relied on the information provided by CRI-2 to form the ground for an affidavit seeking to obtain a search warrant. The information from CRI-2 was not credible and could not be independently be relied upon or verified. In Aguilar v. Texas, it was held that “an affidavit based solely on the hearsay report of an unidentified informant must set forth "some of the underlying circumstances from which the officer concluded that the informant was truthful and acting in good faith”. In this case, there was no information availed to the magistrate so as to make independent and reliable conclusion as to the prudence of the unidentified police informant.
b) The seizure of other contraband items found on the person of Raul outside the
…show more content…
a) The police had conducted due investigations including a background search on the ownership of the premises and the vehicle that was being used by the suspects. The background search results corroborated the unidentified police informant’s accounts on the suspect’s identity. Thus the police had probable cause to believe the suspects were involved in criminal activities.
b) Based on CRI-2 account of the activities of Mildred, and the background check by affiants, their inference that Mildred was in fact involved in illegal activities was indisputable and as such the affidavit satisfied the test of reliability and the judge needed no further or extra information to issue the search warrant.
c) The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.
Good faith exception
Williamson V. City Of Houston Case Study
345 Words | 2 PagesWilliamson v. City of Houston, 148 F. 3d 462, Court of Appeals, 5th Circuit (1998) Facts: Linda Williamson worked as a police officer in a specialized division in the Houston Police Department. Williamson alleged a coworker, Doug McLeod, engaged in harassing behavior that created a hostile work environment for eighteen months. McLeod continued the harassing behavior after she told him it was offensive and to stop. Williamson reported McLeod’s harassment to their supervisor, Sergeant Bozeman.
Civil Court Case: Horton V. California
247 Words | 1 PagesCase: Horton v. California Citation: 496 U.S. 128 (1990) Year Decided: 1990 Facts: After obtaining a warrant for stolen items from an armed robbery, a California police officer searched petitioner Horton’s home. The officer had described both the weapons used and property stolen in the affidavit for the search warrant, but the Magistrate issuing the warrant only authorized a search for the stolen property. Even though the police did not discover the stolen property, weapons matching the officer’s description were found in plain view and seized. Horton ended up being convicted of armed robbery after a motion to suppress the seized evidence was denied by the trial court.
The United States V. Place 462 US Case Brief
510 Words | 3 PagesSignificance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
Summary: Immigrant Vs Defore
570 Words | 3 PagesContraband items that are owned without a right and are subject to seizure may be submitted into evidence without infringing upon the rights of self-incrimination, whether the seizure has been made with or without a warrant. Defore made it clear in his objection that the weapon was contraband, but the hat and bag were not. Yet, all of the items were submitted into evidence together. Defore’s objection did not favor one item over the other. If any of the items were admissible, his objection does not succeed.
Registered Sex Offender Case Study
1744 Words | 7 PagesDominic T. Hicks, DOB 05/01/77 is a known Registered Sex Offender that lives in Unit 6 and was a possible match to the suspect description given by the victim. On 06/24/15, I conducted registered sex offender address verification checks and contacted Hicks at 109 Lake St. S. #6 which is his registered address. At about 0900 hours, Cpl. Crocker and Detective Lansing contacted Wehrman at the hospital.
Salem Witch Dbq Essay
311 Words | 2 PagesDocument B proves and shows the ages and genders of the accused and accusers. It also shows
Exclusionary Rule In The Weeks V. United States Case
475 Words | 2 PagesThe Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
The Supreme Court Decision Of 1954 In The Case Of Hernandez V. Texas
721 Words | 3 PagesThe Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
Research Paper On Hernandez Vs Texas
511 Words | 3 PagesLeslie Gomez Hernandez v. Texas During the 1950 life for Mexicans was really difficult, they were not considered intelligent, they were considered invisible. They were not allowed in some parts like restaurants, movie theaters and other parts. But things changed by the early 20th century, they were now considered white by law, largely owning to the treaty’s grant of American citizenship. But still their status has citizens didn’t meant a lot.
Anonymous Informer Case Study
611 Words | 3 PagesHere, the court will most likely find that Officer Givens legitimately stopped Mr. Crowder. First, the anonymous informant is likely to be deemed reliable by the court given the content in the tip. Like the informant in Hood, the anonymous informant provided specific information identifying Mr. Crowder, the blue pickup, and the destination where Mr. Crowder was stopped. The informant was also able to provide information about a third party, as the informant in Hood did, in this case the presence of the semi-trailer truck. The anonymous caller also provided how she came across this information, unlike the informant in Kennison.
Essay On Exclusionary Rule
452 Words | 2 PagesNevertheless, the pressure to arrest is not because of the exclusionary rule; however, the governing police conduct prohibits a search without a warrant, unless the search is incident to a valid arrest. (Paulsen, 1961) The U.S Supreme Court’s ruling that courts must “allow some latitude for honest mistakes that are made by officers in the dangerous and arduous process of making arrests. (Cormier,
Rick Perry Case Analysis
485 Words | 2 PagesOn August 15, 2014, the Governor of Texas, Rick Perry, a potential 2016 presidential candidate, was indicted by a Travis County grand jury. The first charge of his indictment was for abuse of official capacity, which is a first-degree felony. The second charge, which has since been ruled unconstitutional, was for coercion of a public servant, which is a third-degree felony. Republican, Rick Perry 's two felony counts are based from his threat to veto $7.5 million in funding for the Public Integrity Unit and for seeking the resignation of Travis County District Attorney Rosemary Lehmberg after she was convicted of drunk driving, and imprisoned. Botsford, Perry 's attorney, called the indictment a "political abuse of the court system."
Schneckloth V. Bustamte Summary
407 Words | 2 PagesTitle: Schneckloth v. Bustamonte Date/Court: The United States Supreme Court, 1973 Facts: This case deals with Clyde Bustamonte, who tried to defraud a check. At 2:40 a.m. local Sunnyvale Police Officer James Rand stopped a vehicle that had a burnt out headlight and license plate light. When Officer Rand approached the vehicle he found that the individuals Joe Alcala, Bustamonte, and Joe Gonzales were in the front seat. In the rear of the vehicle Officer Rand saw three older gentlemen, Officer Rand then asked the driver if he had identification and the driver (Gonzales) did not have any. Rand then asked the other individuals in the car and only Alcala had a valid license, after producing his license Alcala told the officer that the car was his brothers.
Goss V. Lopez Supreme Court Case Summary
762 Words | 4 PagesPer 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.
Test Fairness Framework
1453 Words | 6 PagesThe evidence or grounds or data that support the claim 3. The warrant(s ) or principle or authority or reasoning connecting the evidence to the claim 4. The backing or reasons or assurances or theory 5. If necessary for warrants 6.
More about Aguilar Vs Texas Case Analysis
Williamson V. City Of Houston Case Study
345 Words | 2 PagesCivil Court Case: Horton V. California
247 Words | 1 PagesThe United States V. Place 462 US Case Brief
510 Words | 3 PagesSummary: Immigrant Vs Defore
570 Words | 3 PagesRegistered Sex Offender Case Study
1744 Words | 7 PagesSalem Witch Dbq Essay
311 Words | 2 PagesExclusionary Rule In The Weeks V. United States Case
475 Words | 2 PagesThe Supreme Court Decision Of 1954 In The Case Of Hernandez V. Texas
721 Words | 3 PagesResearch Paper On Hernandez Vs Texas
511 Words | 3 PagesAnonymous Informer Case Study
611 Words | 3 PagesEssay On Exclusionary Rule
452 Words | 2 PagesRick Perry Case Analysis
485 Words | 2 PagesSchneckloth V. Bustamte Summary
407 Words | 2 PagesGoss V. Lopez Supreme Court Case Summary
762 Words | 4 PagesTest Fairness Framework
1453 Words | 6 Pages