Conclusion: Based on the overall facts of this case and the rules of law it is obvious that the evidence found on December 20, 2014, by Officer Provenza, should be included at trial. Looking back to the very initial stop of professor plum the officer had enough reasonable suspicion to make the stop. The results of .16 from the breathalyzer test gave officer Provenza the probable cause needed in order to make an arrest. The search of Professor Plums Person is then justified by the lawful arrest. In addition, (SITA) allows officer Provenza to protect himself and prevent destruction or concealment of evidence by conducting a search that is contemporaneous with the arrest. Lastly, because Professor Plum was driving while under the influence of
In this case Kyllo v. United States, the Supreme Court ruled against the vitric of the lower courts on a 5 to 4 vote. The questions that need to be answered in this case, in my opinion serve a bigger purpose then the case at hand. The case itself is about a man named Danny Kyllo who was growing marijuana plants inside his home illegally. An officer of the U.S Interior Department got a tip that this man was illegally growing plants inside his home and went to investigate this. Obviously a tip from an unknown is not enough information to get a warrant to search the man’s property.
The action was brought as a test case to determine the legal rights of the Meriam people to land on the islands of Mer, Dauar and Waier in the Torres Strait, which were annexed to the state of Queensland in 1879. Prior to British contact the Meriam people had lived on the islands in a subsistence economy based on cultivation and fishing. Land on the islands was not subject of public or general community ownership, but was regarded as belonging to individuals or groups. In 1985 the Queensland Government attempted to terminate the proceedings by enacting the Queensland Coast Islands Declaratory Act 1985, which declared that on annexation of the islands in 1879, title to the islands was vested in the state of Queensland "freed from all other
Facts: Police pull over a car with Joseph Pringle and two other people in the car, and Pringle was in the front seat of the car, when law enforcement officials search the car. Police officers discover in the car baggies of cocaine in the back seat of the car and $763 in the compartment up front. None of the three people in the car would confess to whom the drug belonged to and so all of them were arrested. When arriving at the police station Pringle admitted that the cocaine belong to him and then he was charged with intent to sell and possession of cocaine. Pringle then stated that there was no probable cause to arrest him, and the Maryland court system stated there was probable cause and proceed to convict him (Maryland v Pringle 540 U.S.
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.
“Three gang members were found guilty by a jury today for the 2013 killing of a 21-year-old Pasadena man, the Los Angeles County District Attorney’s Office announced. Deputy District Attorney Stefan Mrakich of the Hardcore Gang Division said Peter Parra, 37, of Pasadena; Kevin Jessie Cabrera, 27, of North Hollywood; and Raymond Frank Conchas, 26, of Covina were all found guilty of one count each of first-degree murder, attempted second-degree robbery and conspiracy to commit a crime. ”(Santiago) The defendants in the case are facing life in prison without the possibility of parole. All men involved in the case were of a minority background and involved heavily in the gang culture and lifestyle, but unlike sixteen-year-old Edel Gomez they were
Case Citation: Maryland v. Pringle 540 U.S. 366, Ct.795, 157 L. Ed.2d 769 (2003) Parties: Joseph Jermaine Pringle, Plaintiffs / Appellants State of Maryland, Defendant / Appellee Facts: Pringle, was a passenger in a car that was stopped for speeding. Upon stopping the car, the arresting officer after asking for a consensual search and found money in the glove compartment and cocaine in the back-seat armrest. The officer arrested all three occupants of the car and Pringle was convicted for possession with intent to distribute cocaine after he signed a written confession. Pringle appealed, arguing that probable cause to arrest him did not exist.
There was overwhelming evidence to show that Stone had earlier beaten Stone and declared him a dead snitch. Additionally, when he was last seen, the deceased was in the company of Towler, the same man who had earlier beaten him and who had a motive to kill him. Although there was evidence that Stone could have died from other causes that were nor crime related, the introduction of evidence by the prosecution on criminal agency were sufficient to convict Towler. On the action of the district attorney seizing documents from Towler without a warrant or the consent of the defense counsel, the same cannot warrant the dismissal of a case or the watering down of evidence presented (Gardner & Anderson, 2009). The prosecution evidence presented clearly proves that Towler had
It made it to the Court of Appeals because of writ of certiorari Key Issues If the police made false arrest? Did the police have probable cause to make an arrest? If they didn’t have probable cause to make the arrest do they have qualified immunity?
Good Afternoon your honor, I am filing a motion for the admissibility of Cameron Awbrey’s statement because there is clear signs of attenuation between the statement given and the arrest. I will prove my case by providing examples of precedent cases similar to the laws involved in Cameron's case. In the precedent case Utah v. Strieff, the accused was survallinced over a short period of time, was subjected to an unlawful stop and arrest but later received a lawful arrest. The question was whether or not the fruit of the poisonous tree doctrine applied, which excludes evidence that is gained from an unlawful search or seizure.
On December fourteenth of 2012, Adam Lanza walked into Sandy Hook Elementary School in Newtown, Connecticut and shot twenty-six kids and teachers using a .223 Caliber Bushmaster Model XM15 assault rifle. By definition, a mass shooting has to consist of at least four victims, therefore, mass shootings occur every day while only the major incidents make national news. This particular shooting affected many and will forever have in imprint on gun laws, the safety of schools, and the part mental health plays. The multipath model can be applied to Adam explaining what might have led to the massacre. Adam was diagnosed with a mild form of Autism Spectrum Disorder, Bipolar Disorder, Anxiety Disorder, and Obsessive-Compulsive Disorder.
Although in this case, Escobedo confessed his crime before his rights were stated to him, therefore, "... no statement extracted by the police during the interrogation may be used against him at a trial," (ESCOBEDO v. ILLINOIS) which caused his confession overthrown by the court. In addition, this case is interesting to me because I believe it was fascinating how the accused murderer, Escobedo, was able to get away with his crime simply because his Miranda Rights were not stated to him before he confessed and was denied his right to counsel which was the police department's
He found that Police procedures with regard to evidence referencing, police chain of custody and overall collection of evidence. He stated that the Queensland Police Force failed the most rudimentary collection protocols and this lead to confusion in the labelling of exhibits and their actual obtaining from the accused. He further pointed out that searches were conducted in a manner that exposed the primary and secondary crime scenes to contamination. A video of the Police search showed that none of the officers involved wore protective clothing, gloves or booties; that swab testing of the car showed that the officer involved in collection conducted the Sangur strip test and actually allowed his fingers to come in contact, thus providing a false positive indication for human blood, when it was noticed that he had a small cut on his finger; fingerprint collection was done before testing for human enzymes which also could have produced a false positive due to the chemical makeup of the powder used (the force used Magnapowder which has a metallic composition and this reacted with the test strips); photographs of the boot floor showed that none of the items were laid out on white protective paper. This would also have prevented cross contamination and enabled the collection of any evidence that fell from the boot.
In the case of State v. Barrett (1996), a drug detection team was brought in to conduct a random drug search of the high school on May 3, 1995 in St. Tammany Parish. Six classes were chosen by the principal, who had mentioned some of the selected classes were known to have some of the "problem" students, including the 18 year-old defendant. During the third classroom search, the defendant 's classroom, students were asked to empty their pockets and leave the room. The dogs were brought in and one of the dog 's alerted a smell on the defendant 's wallet. After the principal searched the wallet and found $400 in cash, he placed it in a different location, which the dog alerted on once again.
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.
John Giglio was charged with passing forged money orders and sentenced to five years imprisonment. During the appeal, Giglio counsel discovered new evidence representing that the prosecutors had failed to reveal a promise made to its “key witness” that he wouldn’t be prosecuted if he testified for the government. The Court granted a certiorari to determine whether the evidence not revealed would require a retrial under the due process standards Napue v. Illinoi, 360 U.S. 264 (1959), and Brady v. Maryland, 373 U.S. 83 (1963). Evidence showed at trial, representatives at Manufacturers Hanover Trust Co. learned that Robert Taliento, key witness and co-conspirator, was a banker teller and also had cashed several forged money orders. He confessed to providing Giglio with a customer’s bank signature card used by John Giglio to forge $2,300 in money orders.