ipl-logo

Billy Greenwood And Dyanne Van Houten Summary

602 Words3 Pages

In 1988, California v. Billy Greenwood and Dyanne Van Houten was about a suspecting of selling and using drugs in Mr. Greenwood house a narcotic officer told the man to bring her the trash bag which Greenwood had placed out the street for pick up, but as the officer search the bags she found drug paraphernalia which was used as evidence to convict Mr. Greenwood but the lower court revoked it because she search the trash bag without a warrant and that was a violation of the fourth amendment. but the trash bags was placed on the street were any child or animal can unseal it so he could not argue about his privacy if it was out in the police for anything or any person to expose the content of the bags but the court stated “ the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public “ this means …show more content…

As time goes by the state of California argued that the trash at the curb is in a area where it can be controlled by the home owner and it is not within the protection of the 4th amendment also any person passing could have access to it and no one who put trash on the curb has an expectation of privacy because it is released to the public view by the defendant but it can cause a problem for the house search is admissible as a part of the prosecution case for illegal drug trafficking .As the case continued for Greenwood they argue that the “ Adequate probable cause “ to the search the trash but the evidence should not be acceptable without the evidence gathered from the search trash and the police would have no probable cause for the house warrant . Therefore the warrant and the evidence can’t be acceptable and they didn’t have permission from Mr. Greenwood to search his trash because he had a “reasonable expectation of privacy “ and the search warrant was not admitted for prosecution

Show More
Related

  • Maryland Vs Pringle Case Study

    743 Words  | 3 Pages

    The majority opinion discussed the Fourth Amendment and explains now it provides the the ability to arrest individuals without a warrant when the officers have probable cause that a suspect has committed a criminal offense. During this traffic stop, the arresting officer determined a crime had occurred. It was up to the court to determine if the officer had probable cause to arrest Pringle. Chief Justice Rehnquist determined that the arresting officers proved a crime occurred and there was probable cause to determine Pringle should be arrested. According to Chief Justice Rehnquist, when three people are in the car where drugs are located and the owner of the drugs is not clear with no one admitting possession, it is reasonable for the officers to believe that either one or all of the occupants of the vehicle committed the offense.

    Read More

  • Riley Vs California Case Study

    863 Words  | 4 Pages

    These function and information does not have enough effect to the law enforcement interests. In Riley’s case, the California Court of Appeal accept the case. The court maintained the original court’s decision. The reason is in the conduction that phone related to arrestee's person immediately, the Fourth Amendment permits a warrantless search of phone data incident to an arrest.

    Read More

  • Summary: The Case Of Freemont Weeks V. United States

    1396 Words  | 6 Pages

    In the case of Weeks v. United States on December 21, 1911 in Kansas City, Missouri Freemont Weeks was arrested at his job on suspicion of transporting lottery tickets through the mail, meanwhile officers were entering into his residence without his permission or a warrant. Weeks took this case to trail to petition for the return of his private possessions. If the court decides to not return his property he could be convicted of transporting lottery tickets through the mail which is illegal in Missouri. But this is a violation of his 4th Amendment rights if the court decides to use the evidence they was seized illegally.

    Read More

  • Riley Vs California Case Study

    649 Words  | 3 Pages

    The California Court of Appeal later affirmed the convictions and denied the suppression of evidence on the basis of California Supreme Court’s decision in People v. Diaz. 3. Issue: The Fourth Amendment prohibits unreasonable search and seizure. Riley involves whether police officers can search a suspect’s cell phone without a warrant during an arrest. In Riley v. California, the lower court ruled that a police officer not only can seize and secure a suspect’s cell phone during an arrest, but they can also search the contents of that phone without a warrant or probable cause.

    Read More

  • Mark James Knights Case Study

    829 Words  | 4 Pages

    United States v. Mark James Knights, 219 F. 3d 1138 Issue: The issue involved in this case is whether the respondents Fourth Amendment rights were infringed upon when law enforcement searched his home without a warrant. Even though respondent agreed to the terms of probation following release, which included searches of his person or premises with or without a warrant (The United States Department of Justice, 2014). Rule: The rule of law in regards to Knights probation conditions following release state that Knights would “submit his person, property, residence, vehicle, personal effects, to be searched at any time, with or without a search warrant, warrant of arrest or reasonable cause by any probation officer or law enforcement officer” (Karagiozis et al., 2005 p. 223).

    Read More

  • Unspoken Miranda Research Paper

    377 Words  | 2 Pages

    Unspoken: Miranda; More Than Words The Fourth Amendment , “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In Johnson v. United States (1948), officers smelled burning opium from the window of a hotel, the officers entered without warning, found the only occupant and had him persecuted. Though the man had committed the crime, he did not agree that the officers enter his hotel room or go through his belongings. Clearly this is a huge invasion of privacy and should be confronted by allowing one to know their right to decline. On that note, if there is any suspicion that narcotics are involved in a certain case there should be consequences,

    Read More

  • The Case Of New Jersey V. T. L. O.

    527 Words  | 3 Pages

    They agreed that high schools shouldn’t need a search warrant because students have a reasonable expectation of how they should act during school hours. The possession of cigarettes was contrary to whether she was being truthful or not, and because T.L.O. was immediately taken to the principal’s office, it made sense to think that there was evidence in her belongings. Because of this, Choplick had a reasonable argument to believe that she had cigarettes in her purse, and so it was constitutional to search through her purse. When Choplick searched the purse, the evidence was in plain sight. This is a large exception to the Fourth Amendment, so he did not require a search warrant for the penetrating of T.L.O.’s belongings.

    Read More

  • Essay On 4th Amendment

    962 Words  | 4 Pages

    The 4th amendment states, “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.” In the context of the 4th amendment, a search is considered or happens, “when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.” (Ryan) An example of a search under the 4th amendment is forms of searches such as stip searches or visual body searches but they have to be supported by a probable cause and be conducted in a reasonable matter. A seizure of an individual under the 4th amendment means or happens , “when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.”

    Read More

  • Dk Dbq Analysis

    742 Words  | 3 Pages

    According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.

    Read More

  • Police Brutality In Wolf V. Colorado

    663 Words  | 3 Pages

    Colorado and Unreasonable Search and Seizure in California, attorney Robert M. Desky states, “The United States Supreme Court, in Wolf v. Colorado, ' held for the first time that "the security of one 's privacy against arbitrary intrusion by the police-which is at the core of the Fourth Amendment,” Desky continues, “But at the same time the Court held that the states need not observe the federal rule which excludes from criminal prosecutions evidence obtained by illegal search. The majority opinion explained away the federal exclusionary rule as "judicial implication" based upon the Fourth Amendment, while Justice Black, in a concurring opinion, characterized the rule as a "judicially created rule of evidence," a description which seems more consistent with the Court 's suggestion that it could be changed by Congress.” According to Mr. Desky’s statement, the court believed that the exclusionary rule, which determines whether or not evidence is excluded from a trial, was left only up to the federal government and not the states. Therefore the state courts could not exclude any illegal evidence from a

    Read More

  • Garbage Bags Violate The Fourth Amendment

    100 Words  | 1 Pages

    The U.S. Supreme Court held that garbage placed at the curbside is not protected by the Fourth Amendment. The warrantless search of Greenwood’s garbage bags would violate the Fourth Amendment only if Greenwood showed a subjective expectation of privacy of the garbage and society accepts it as objectively reasonable. The U.S Supreme Court argued that there was no reasonable expectation of privacy for trash on public streets where animals, children, scavengers, and the public have access to it. Criminal activity that can be seen by any member of the public cannot be reasonably expected to be ignored by the police.

    Read More

  • The Exclusionary Rule: Enforcing The Fourth Amendment

    597 Words  | 3 Pages

    The Exclusionary Rule: Enforcing the Fourth Amendment This section begins by explaining that in 1914, the court reexamined their previous ruling as to whether or not one could submit evidence to a court that had been illegally seized (Ingram, 2009). One specific case that the textbook references in relation to this is the case of Weeks v. the United States. In this particular case, the police had seized evidence that they had taken from the defendant’s residence without a proper search warrant. This evidence was then used against the defendant in court and he was convicted as a result.

    Read More

  • Exclusionary Rule Exception

    650 Words  | 3 Pages

    In the case of Terry v. Ohio (1968), Detective McFadden, with 39 years of experience as a police officer, observed Terry and two other continuously staring into a store window. McFadden feared the three men were going to commit a robbery so he stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail. The Supreme Court presented the question was the stop and frisk of Terry and the other two men a violation of the Fourth Amendment? In their decision, the Supreme Court stated there was no violation since the detective had reasonable suspicion that a crime would be committed.

    Read More

  • Argumentative Essay On The Fourth Amendment

    427 Words  | 2 Pages

    To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without

    Read More

  • Violation Of The Fourth Amendment

    356 Words  | 2 Pages

    Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. According to NBC News. Another shocking finding from this case was that by asking [Judge Aiken] to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so (Aiken). This came as a big shock to the nation because if the government was willing to ask for a dismissal of the lawsuit what else could they be doing behind our backs.

    Read More

More about Billy Greenwood And Dyanne Van Houten Summary

Open Document