Shadrack Babwiriza Case Brief Writing Assignment Martin. J Littlefield Criminal Law 10/27/15 Buffalo State College I. Dennys Rodrigues, Petitioner v. United States II. 135 S. Ct. 1609; 191 L. Ed. 2d 492 III. On March 27, 2012 police officer Morgan Stubble watched Dennys Rodrigues commit a traffic violation. The officer pulled over Rodrigues and proceed to issue a traffic warning. The officer then asked Rodrigues if he can walk his dog around the vehicle. The dog alerted the officer of contraband …show more content…
He also suggests that the case should go back to the lower courts because the issue was not properly addressed. In Justice Thomas dissenting opinion of which Justice Alito joined and Justice Kennedy joins to all but part three, Justice Thomas argues that the officer possessed reasonable suspicion to hold the driver to conduct the dog sniff. Justice Thomas also states that a dog sniff that is lawful in the beginning including a dog sniff does not violate the fourth Amendment. Justice Thomas believes that the officer stopped the drivers’ vehicle under probable cause and while interacting with the occupants the officers’ reasonable suspicion was used in order to conduct the dog sniff. Justice Alito dissenting of the Majorities opinion is due to the fact that the court’s decision was not primary focusing on the issue that was being discussed by the case. He believes that the court did not answer the important fourth amendment issue about reasonable suspicion being an important factor in a traffic stop. He claims that the focus was on the dog sniff and whether the officer completed the traffic stop after he issued the driver a warning
Illinois v. Cabelles In 1998 Roy Caballes was pulled over for speeding, the police officers were entirely within the law and their jurisdiction, however, when they hindered the stop and preformed a sniff search they violated his Fourth Amendment rights. The officer Gillette proceeds as he does in all traffic stops and requested Caballes for his license, registration, and insurance and if he had any warrants, Caballes stated he did not, in addition if he had ever been arrested before in which Caballes stated he had not. The officer’s last request to search Caballes vehicle, Caballes kindly stated no. Upon returning to his police cruiser to run a want and warrants check on Caballes, Officer Gillette found out that Caballes had been arrested
CASE CITATION: Maryland v. Pringle, 540 U.S. 366 (2003) PARTIES: State of Maryland, Petitioner / Appellant Joseph Jermaine Pringle, Defendant / Appellee FACTS: On August 7, 1999, at 3:16 am, a Baltimore County Police officer conducted a legal traffic stop on a Nissan Maxima containing to Joseph Pringle for speeding. Three people were in the vehicle, with Pringle in the front passenger seat. The police asked the driver, Donte Partlow, for his driver’s license and the vehicle registration.
The trial judge refused to instruct the jury that aggressors lose their right to self-defense unless they meet certain conditions. It is unnecessary to decide
Reasons for the majority opinion: The people who agreed thought that Schenck shouldn’t be protected by the First Amendment He is able to
Wesby was a very interesting case, that was just recently decided. I agree with the judges that for one there was no lawful arrest made and but I strongly disagree that there was not probable cause to make an arrest and lastly, I agree that the officers do have qualified immunity in this case. The officers made an unlawful arrest because they lacked evidence to charge the party goers with unlawful arrest. This is because the party goers did not know they were not supposed to be there at that time.
Landmark Research on Amendment of Choice The case of the Fourth Amendment of dog-sniff case has been settled by the Supreme Court which has been in court three times in recent years. There was a 6-3 decision stating that the police officers didn’t have the right to use the drug sniffing dogs after a traffic stop without a warrant.
Procedural Facts Kyllo tried to have the evidence that was found in his home suppressed as he felt his rights to the Fourth Amendment were being violated. However, the Ninth Circuit decided that the use of a thermal image device did not violate the Fourth Amendment. This decision was then reversed. The Court then determined whether or not there was cause for the search warrant without the use of the imaging device. After rehearing the case, the Ninth Circuit agreed with the court in stating that the use of a thermal imaging device is not in violation of the Fourth Amendment.
In a 6-3 per curium opinion, the Supreme Court held that the U.S. Court of Appeals for the Ninth Circuit inaccurately categorized the type of jury instructions in Mr. Pulido's case as "structural mistake." It reasoned that one instructional error arising in the context of multiple theories of guilt does not necessarily spoil all the jury's findings, which would entitle the convicted individual to automatic relief. Rather, the Court found that the jury instructions in Mr. Pulido's case should be evaluated by whether they caused a "substantial and injurious effect" upon the jury reaching its verdict. The Court vacated Mr. Pulido's conviction and remanded the case to the court of appeals for proceedings consistent with the decision. Justice John Paul Stevens dissented, joined by Justices David H. Souter and Ruth Bader Ginsburg.
This case is freedom vs order argument. They say that the vice-principal had the constitutional right to search the bag, he had reasonable suspicion and that is the magic word that gives students expectation of privacy while balancing it with law and order of the school. The court goes on to say that he’s further not violating the constitution because once he saw the evidence, it was in plain view and theirs a plain view doctrine which is another exception to the fourth amendment which
United States v. Virginia: Equal Protection Nathan O’Hara Liberty High School 4A United States v. Virginia is an equal rights case that argued whether it was constitutional for Virginia Military Institute (VMI) to deny women the opportunity to attend the all male Institute purely because of their genders (U.S. v. Virginia, 1996). Virginia was accused of violating the 14th Amendment’s Equal Protection Clause and trying to make an all female institution as a substitute for not accepting women (U.S. v. Virginia, 1996). In response Virginia created the Virginia Women’s Institute for Leadership (VWIL) as a female alternative located at the already all female Mary Baldwin College (Chicago-Kent College of Law, 2015b).
However, the Fourth Amendment is not an assurance against all search and seizures, only those that are deemed unreasonable by the law. According to the Legal Information institute an unreasonable search is any search conducted by a law enforcement officer without a search warrant and/or “without probable cause to believe that evidence of a crime is present.” () If any evidence is found during an illegal search and seizure then the evidence is
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The act of “Stop and Frisk” began in the early 1900’s when crime rates began to escalate in major cities such as New York, Chicago, and Philadelphia. Stop, question, and frisk, or SQF, is an urban policing measure that involves the large-scale deployment of officers in public spaces (e.g., sidewalks, alleys, the communal outdoor spaces of public housing) tasked with conducting frequent investigative stops (Huq, A. Z. (2017). In the articles provided, it is questioned whether New York’s stop and frisk policy is constitutional or not. I agree with the court's ruling, I believe Judge Scheindlin seemed too involved. “Judge Shira A. Scheindlin, the appeals court said, jeopardized "the appearance of partiality ... by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court”
The motion of delay the trial date is based on the Fourth Amendment. Case 5-5 is alike. The action of the detective before getting the warrant impacts the defendant’s privacy, property and freedom. As a result, the defendant defended with the Fourth Amendment, which proves that warrantless searches of private premises are mostly prohibited unless there are justifiable exceptions. And a dog-sniff inspection in invalid under the Fourth Amendment if the inspection violates a reasonable expectation of privacy.
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.