Hayes V. Wells Affirmative Hearing
Procedural History: At the suppression hearing, Hayes said he asked Macabeo basic questions that he would normally ask on a stop. He thought the defendant was acting fidgety so he conducted a patdown which did not reveal anything suspicious. He removed his cell phone out of his pocket and handed it to Officer Raymond. Raymond searched the phone without consent from the defendant. He did not find any suspicious texts but did find images of under aged girls in the defendant's picture folder and he was arrested for possession of the photos under violation of Penal Code section 311,11, subdivision (a). Hayes claimed that he made the decision to search the defendant based on the information given by the defendant stating he was on probation
Chimel Vs. California Case Study
455 Words | 2 PagesThey have also said that it is reasonable for any officer to do an immediate area search of where that individual is to make sure that they can not grab anything for a weapon like for example a knife. The Supreme Court clearly notes in its opinion that such searches have to happen in the immediate area of arrest and any such search outside that area must be made with a search warrant. In Chimel case the officers could have patted down Chimel and then done a search of the immediate area to make sure that no weapons were hiding around. But once they began looking all around the house that requires a search warrant. The Supreme Court reversed the California Supreme Court’s
Terry Vs Dickerson Case Study
525 Words | 3 PagesBased on these observations they stopped Dickerson and patted him down. The search didn’t reveal any weapons, but the officer did notice a small lump in his jacket and to him it felt like a lump of crack cocaine in cellophane. In the evidence suppression hearing, the trial court likened finding the crack cocaine to the “plain view” doctrine which allows officers to seize evidence of contraband in plain sight during a search for other items. Therefore, the evidence was admissible. Throughout the appeals of the case, the Minnesota Court of Appeals and the Minnesota Supreme Court agreed that the initial contact and pat down were valid under Terry, but seizing the cocaine was unconstitutional.
Summary: The Case Of Sam Wardlow
899 Words | 4 PagesThis applies to Sam Wardlow’s situation in which evidence was founded illegally without a proper search warrant. Also, the weapon that was found in Sam’s bag does not relate to any prior crime that may connect him to. This is not in anyway, allowed for officer Nolan to have even stopped Mr.Wardlow. Possibly, if Sam was connected to a crime beforehand and if the officers did have a proper search warrant. Then there is no way Sam’s rights were violated.
Case Study Of Ted Chimel V. The State Of California
488 Words | 2 PagesAccording to the Fourth Amendment, a person has rights against unreasonable searches and seizures, any search in the Plaintiff home beyond his person and the area within his immediate control is unreasonable. (2) When the police officers arrested Chimel and search him, this all was legal, but when they started searching the house, this was illegal. They should have gone back down to the station and attain a search warrant to search the house for evidence. Therefore the evidence that was seized should be suppressed because they did not have a search warrant.
What Is The Court Case Of Illinois V. Wardlow
577 Words | 3 PagesSam Wardlow’s attorney filed a motion to have the gun evidence suppressed in the Cook County Circuit Court, because the officer did not have a justifiable suspicion that was sufficient to justify an investigative stop. The court denied the attorneys request to have the evidence suppressed. The judge believed that the finding of the .38 caliber gun was found during a lawful stop and frisk. The Illinois Appellate Courts First Division decided that Sam’s choice to turn around and walk/run the opposite way from the police officers in a high crime area was not suspicious.
Summary Of The Petitioner V. Collins
603 Words | 3 PagesBrief Fact Summary: This was a case under the Supreme Court of the United States that was between Leonel Torres Herrera who was the petitioner v. James A. Collins the Director of the Texas Department of Criminal Justice, Institutional Division. Herrera was convicted for a murder of two officers but later produced evidence that he was innocent. Facts: A law enforcer was found dead on the side of the road one evening in September 1981. At around the same time another officer observed a vehicle that was speeding on the same road and pursued it whereby it pulled over after a while and the officer was shot in the head.
P Alleges False Incident
301 Words | 2 PagesP alleges that he was strip-searched at the precinct. MOS Derek Kiely does not independent memory of this incident. Criminal charges were, later, dismissed. It is unclear what role, if any, Defendant MOS Jose Peinan played in this
New Jersey Vs Tlo Case Study
646 Words | 3 PagesIn court, she moved to suppress evidence found in her purse and her confession, as well. The Juvenile Court denied the motion to suppress and found her guilty. The reviewing court was held with the New Jersey Supreme Court where they agreed with the Juvenile Court that T.L.O.’s Fourth Amendment rights were not violated.
Terry V. Ohio Tests The Limitations Of The Fourth Amendment
841 Words | 4 PagesTherefore the officer held a stop and frisk and found a .38 on both men. Officer McFadden states that he feared the two men may have had a gun. Therefore during an investigation, he does have the right to stop and frisk those men. Any kind of search and seizure must be thought of under the certain circumstances. In this case, it is two men walking past a storefront a few dozen times and having a meeting after every time they walked the block.
Race Relations Worksheet
390 Words | 2 PagesThe true reason for the stop was to make sure that no robberies happened that night and to arrest the defendant if there was evidence that he might commit a robbery. 2. In Whren v. United States, the U.S. Supreme Court held that as long as the officers have reasonable cause to stop a vehicle than any search and seizure of illegal items in the vehicle
When Should An Officer Obtain A Search Warrant?
433 Words | 2 PagesTerry frisk- an officer can stop and search a suspect if they have a reasonable suspicion that a crime is about to take occur. Officers do search for a weapon because it may pose a threat to the officer and the surroundings. However, the suspect can be allowed to go unless there is probable cause for the suspect arrest. 3. Hot pursuit- officers can seize evidence that be moved or destroyed or made to disappear before a warrant can be issued or granted.
The Case Of New Jersey V. T. L. O.
527 Words | 3 PagesThey 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.
4th Amendment Case Study
829 Words | 4 PagesThe officer seized a smartphone from his pants. The record is not clear as to what the officers did with this cell phone, but there is no doubt that an officer went through the text messages. Later on a detective that specialized in gang investigations also searched the phone at the police station. This detective not only went through text messages, but also pictures and videos. Based on what was found,
The Case Of State Of Georgia V. Marcus Dixon
954 Words | 4 PagesThere were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,
Persuasive Essay On Stop And Frisk
796 Words | 4 PagesAn officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime
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