THIS COURT SHOULD REJECT THE FOURTEENTH CIRCUIT’S TOTALITY OF THE CIRCUMSTANCES APPROACH AND INSTEAD APPLY A BRIGHT LINE STANDARD OF REVIEW TO DETERMINE WHETHER AN AUTHORIZED DRIVER OF A RENTAL CAR HAS STANDING TO CHALLENGE THE LEGALITY OF THE SEARCH The Fourteenth Circuit Court of Appeals improperly applied the totality of the circumstances approach in determining that Respondent Larry Nightingale has standing to assert a Fourth Amendment challenge to the search of the rental vehicle he was driving at the time of the traffic stop checkpoint. The Fourth Amendment requires that the one who is making the challenge of the legality of a search to prove that he was personally the victim of an invasion of privacy. Rakas v Illinois, 439 U.S. 128,
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
District of Columbia v. Wesby 583 U.S.___ (2018) Procedural HISTORY The district court said the police officers did not have the right to make an arrest because they were invited to someone and lacked evidence to prove that she didn’t have permission to be there. They said that the police had no knowledge of such. Party goers also had to know they were not supposed to be there. The court of appeals upheld both decisions of the district courts. It made it to the Court of Appeals because of writ of certiorari Key Issues If the police made false arrest?
Title: 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.
Dizon, Nadine C. MA-COM I The three “points” I will be discussing in this paper are the case studies from each of the sections of the course. The case study on Defamation was about Chicago Police Officer Richard Nuccio who shot a civilian and Elmer Gertz who was the lawyer hired by the victim’s family. The magazine, American Opinion then published an article turned the entire situation around and made the case about being a “war against the police” and even using Gertz’ supposed communist beliefs as one of the key factors in this case. The author even claimed to have “had conducted extensive research into the Richard Nuccio case.” This issue alone – minus the analysis and the Court’s decision – is so ridiculous that you would think that the
Aguilar did not give Abrego any details of how or where Vargas stole the items. Abrego advised me that he filed a warrant for Vargas’ arrest on a probation violation for not reporting. Abrego advised he is not capable of booking evidence or conducting an investigation of the evidence found in Vargas’ bedroom. Abrego requested the Pasadena Police Department conduct an investigation to determine if the above evidence is in fact stolen property. Abrego will file another violation against Vargas’ if the evidence is determined to be
Westover v United States: In Kansas City, Westover was arrested as a suspect in two Kansas City robberies. The FBI received a report that Westover was wanted in California on a felony charge. The night of the arrest and the next morning, Westover was questioned by local police. FBI agents also interrogated Westover for two and a half hours at the station. Westover signed two statements, which were prepared by one of the agents during the questioning, to both California robberies.
That’s trespassing.” I asked her, “You are banned from Target?” Saunders said, “That’s trespassing.” Saunders was arrested for PC-211 armed robbery by Officer Jimenez. I transported Saunders to the Pasadena City Jail on Sgt Pham’s #6903, arrest approval. While in the pre-booking area, completing pre-booking paperwork, Saunders made numerous spontaneous statements. The following is a summary of the spontaneous statements Saunders made; Saunders stated she was given a receipt from a friend at Memorial Park, which had different food items listed on it on it. She took the receipt to Target and selected the items that were on the receipt.
On the above date and time I assisted other Hollywood police patrol units in reference to a robbery ( carjacking) that occurred at the location of 3451 SHERIDAN Street, Hollywood florida. Officers, on scene advised that the suspect, a black male, who was last seen wearing a navy shirt with yellow writing on it and dark colored jeans, pointed a gun at the victim, who was inside her vehicle, gave her commands to exit, and stole the victims vehicle (gray jetta bearing Florida tag DJPR67). A perimeter was establish for the above mentioned incident. My Role at the time of this incident, was to place myself in a tactical position at the location of Interstate 95 and Stirling road in an attempt to locate the vehicle. Approximately 10-15 minutes
Many Americans have shown concerns with the implementation of racist discrimination of the U.S immigration laws by state police agencies and local authorities. In 2006, a traffic police stop Adrian Moncrieffe on a federal highway leading to two federal cases. First legal proceedings following the arrest by the local police - a plea bargain habits and confidence in the criminal justice system of a Georgia drug crime hinging on ownership by a small amount of marijuana. Based on the belief that alone, the U.S government proceedings the process in immigration court for a removal requests of Moncrieffe. On June 13, 2006, in
On August 22, 2009, the police pulled Riley over which he was driving a different car which later they found out that he was driving on expired license registration tags. Although Riley 's driver 's license was suspended, police policy required that the car be impounded.
P alleges that MOS searched him on the street then he was taken to Mel’s apartment. Defendant MOS Peinan states that he was executing a search warrant at the location which obtain after confidential informant buys and P was the subject of the search warrant. MOS Peinan states that he observed people about to exit the apartment then MOS entered the apartment. Defendant MOS Peinan stated that P was part of the group arrested. Criminal charges were, later, dismissed Third incident (10/10/2008) – P alleges that he was outside when MOS approached with guns drawn and ordered into a van.
United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.
I asked the driver now known as Garcia-Martinez for his driver’s license and insurance. The driver handed me his driver license and an expired insurance policy. I asked the driver if he was ok and why was there damage to the front of the vehicle the driver stated that he just got into a crash and Chicago police handled the report. I asked to see the crash report the driver stated he did not need a crash report cause exchanged information with the other driver but was unable to produce any information on the other vehicle. I observed a glazed look on the drivers face and a strong odor of an alcoholic beverage coming from the driver’s facial area.