Case Citation: Maryland v Pringle, 540 U.S. (Washington, D.C. 2003). Parties: Maryland, Petitioner / Appellants Joseph Jermaine Pringle, Defendant / Appellee Facts: Pringle along with two other men were stopped in the early morning for speeding. Upon the driver getting his registration out for the officer, the officer noticed a wad of money. During a search the officer seized $763 of money that was rolled up in the glove compartment, along with five baggies of cocaine.
In a decision made by the United States Supreme court, it was decided “that motor vehicles deserve a reduced expectation of privacy (Atkinson, 2011). This decision is in response to the Fourth Amendment to the U.S. Constitution which states that “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.” The case of Elliot Watson delves into why no warrant was needed to search the trunk of his car. The arrest of Mr. Watson and the search of his vehicle were valid.
Case Briefs: Case: State v. Marshall, 179 S.E. 427 (N.C. 1935). Opinion by: Stacy C.J. Facts: A homicide occurred at the defendant’s filling station. At the filling station the deceased was previously drinking and was sweet talking the defendant’s wife in a whispering conversation. The deceased was asked to leave the building, yet the defendant order him more than once.
Terry and Chilton are taking turns walking past a store front on a fall afternoon in Cleveland, Ohio. They each pass the store six times and then meet with a third man- Katz. A nearby police officer- Officer McFadden, notices the odd behavior of the pair and conducts a stop and frisk of all three men, which reveals two concealed weapons. In the subsequent trial for the charges of carrying a concealed weapon, the prosecution filed a motion for the suppression of the recovered guns as evidence citing that the manner in which the evidence was obtained was unlawful and inadmissible in court as a result.
ARGUMENT I. The District Court erred in denying the Motion to Suppress because the evidence obtained from Assante’s personal laptop resulted from an intrusive, non-routine border search conducted without reasonable suspicion. The Fourth Amendment protects “[t]he right in people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . .”U.S. Const.
Vehicle searches are relatively new considering the rest of the laws that have been around since the beginning. There are a lot of rules that come into play to have a justifiable vehicle search. Each state also has their own personal laws in regards to vehicle searches as well. It is a tricky law, just like many others when it comes to what is considered a lawful search.
Statement of Assignment You have asked me to prepare an office memorandum addressing the following question: Per statutory law and case law, was Mr. Darren Clavel’s Fourth Amendment rights violated when the police officers executed the search warrant? Issue U.S. CONST. amend.
The simulation exercise prepares students for what the role of a public defender or a prosecutor entails. The preparation for the simulation includes reading over the case file and understanding what charges were brought against the defendant. Then analysis the evidence of the case. This provides the backbone for the case and deal making. Although I was not able to complete the plea portion of the simulation I have provided the reflections of my preparations.
Before an officer obtains a search warrant, they must submit an under-oath application of a search warrant to the appropriate judge. The officer then prepares an affidavit Preparing which describes the place to be searched, the items to be searched, and the reason why the officers think the things that they are searching for will be at a location. Before the warrant is signed officers must prove to a neutral judge that probable cause exists and that a crime is happening at a place or an evidence of a crime is in a place. For a magistrate to sign a warrant, they must believe that probable cause exists. If the judge finds there is probable cause for a search to take place, he signs the warrant to make it official and then officers can go to the place to search.
As citizens of America, we are taught to believe that we are going to be protected by the police and the constitution. In reality the police that are on beat and the courts are finding ways to violate our constitutional rights. Police are finding ways to violate our fourth amendment rights in such ways that makes civilians second guessing whether they are here to serve and protect or just to meet a certain quota. Stop and frisk was implemented to stop the crimes that are on the streets but, instead they are causing racial profiling by the police to African Americans and Latinos. The police are over using and abusing “Stop and Frisk” so they can make arrest and to put fear into young adult’s life.
Good Country People Narrative Essay Mrs. Freeman’s gaze drove forward and just touched him before he disappeared under the hill. Then she returned her attention to the evil-smelling onion shoot she was lifting from the ground. “Some can’t be that simple,” she said. “I know I never could.” When the sun was beginning to dive down, sprinkling a orange-tone layer across the ground, Hulga was finished slouching.