Procedural History
In 2004, Antoine Jones was suspected of drug trafficking, which led to the FBI installing an unwarranted Global Positioning System (GPS) on Jones’ vehicle. On October 24, 2005, Jones was arrested for drug possession. The FBI obtained evidence needed to indict Jones on conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base, in violation of 21 U. S. C. §§841 and 846. Jones was represented by A. Eduardo Balarezo, who filed a motion before trial to suppress evidence obtained by the GPS. Jones was tried before the United States Court of Appeals for the District Circuit with charges of conspiracy to distributed cocaine. After deliberation, the jury acquitted
…show more content…
Jones was protected by the constitution for unreasonable searches and seizures. The evidence obtained from the illegal search warrant was voided and was suppressed from being used in court against Jones.
R2: By reaching into the interior of Jones’ vehicle, the court concluded that this act from law enforcement involved an unreasonable search. The police used an expired warrant to attach the GPS to Jones vehicle. Furthermore, this act violated Jones’ Fourth Amendment right.
R3: The Fourth Amendment protects the right of the people to be secure in their persons, houses, and affects, against unreasonable searches and seizures. It is disputable that a vehicle lies under the category of an effect. Moreover, the vehicle being an effect violates the Fourth Amendment and therefore makes the search illegal.
R4: The Court of Appeals established that while the vehicle was registered in Jones’ wife’s name, it did not warrant his ability to make a Fourth Amendment objection. Alternatively, the FBI did not challenge this
…show more content…
The FBI invaded private property to install the GPS, which concerned government trespass on private property with intent to find evidence against Jones.
Justice Sotomayer’s dissent:
1. Justice Sotomayer joined the Court’s opinion because the search conducted by the FBI “obtains information by physically intruding on a constitutionally protected area.”
2. Additionally, Justice Sotomayer notes that physical intrusion is now avoidable to many forms of surveillance.
3. Justice Sotomayer says that “because the government’s physical intrusion on Jones’ jeep supplies a narrower basis for decision. I therefore join the majority’s opinion.
Justice Alito dissent:
1. Justice Alito says that by attaching a small GPS device to the defendant’s vehicle, the officers in this case engaged in conduct that might have provided reason for a lawsuit against trespassing.
2. Furthermore, Justice Alito agreed with the court concluding that the installation and use of the GPS device constituted a search.
3. Justice Alito continues to agree with the court by saying, “we must assure preservation of that degree of privacy against government that existed when the Fourth Amendment was
Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
These function and information does not have enough effect to the law enforcement interests. In Riley’s case, the California Court of Appeal accept the case. The court maintained the original court’s decision. The reason is in the conduction that phone related to arrestee's person immediately, the Fourth Amendment permits a warrantless search of phone data incident to an arrest.
I believe this case should have been taken into consideration in the fact that detective mcfadden was planning on going on the stake out well before he actually did, this giving him time to get a search warrant. The excuse that detective mcfadden was in a hunch was completely ridiculous because he was definitely not in a hunch he had plenty of time to obtained a search warrant from a judge and make sure that the search did not violate the men's 4th
The Supreme Court argued that the police officer had reasonable suspicion and searching the men was in the best interest of the officer for his protection. It was an eight to one decision, the one being William Douglas. He argued that they were giving too much power to police, and that there should be a court order for search and seizure. In this time period, stop and frisks were an everyday thing. Law enforcement broke the fourth amendment most of the time, abusing their badge that allowed them to search who they want, when they want, whether they were acting a certain way or not.
After being reviewed, the Court ruled that the search was not in violation of the Fourth Amendment. They said that “the realities of the workplace” did not give him the same privacy of being in his own home. It states that an individual’s workspace can be searched because it’s the safety of the workplace and the space is property of the business, not the employee. (O'Connor v. Ortega, n.d.).
In this period, the Fourth Amendment was strongly upheld along with the exclusionary rule. The exclusionary rule is made so that police couldn't use any illegally-obtained evidence to convict a defendant. Chief Justice Earl Warren brought the exclusionary rule from local to state-level in the court case of Mapp v. Ohio. In this case, officers forced their way into a home without a search warrant because they suspected Dollree Mapp of hiding an alleged bomber, where they collected evidence so they could use it against him in court. The exclusionary rule was enforced, making none of the evidence found applicable to be used against Mapp in court.
The fourth amendment protects citizens from unlawful search and seizure. In order for a search and seizure to happen the police have to have evidence in order to get a warrant which allows them to search the citizens luggage, house, etc. In some cases the government may go to far, or invade privacy of others, but in this case the government didn’t go to far and this is proven in DLKs case, thermal imager, and heat image. In DLKs case he was taking reasonable expectation of privacy in the activities he was doing in his home.
According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
The Court held that the roadblocks did not violate the Fourth Amendment which covers the right to be free from unreasonable search and seizures also known as protecting our right to privacy. The Court said, "no one can seriously dispute the magnitude of the drunken driving problem or the States ' interest in eradicating it... the weight bearing on the other scale--the measure of the intrusion on motorists stopped briefly at sobriety checkpoints--is slight". This case has shown that an inconvenience to a motorist 's privacy is acceptable when we are dealing with the larger purpose of saving lives.
To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without
Technology has advanced over the past decade, providing law enforcement officials with new ways of gathering criminal evidence. However, these tools have raised some constitutional questions. An individual from Oregon with the initials DLK was involved in a case which had people wondering if agents violated his fourth amendment rights. Federal agents suspected that DLK was growing marijuana inside of his home, which drove agents to scan his house using a thermal scanner which showed heat just like the kind that is generated by using special lights in growing marijuana. A judge then issued agents a search warrant to check the home where they found 100 marijuana plants.
Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. According to NBC News. Another shocking finding from this case was that by asking [Judge Aiken] to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so (Aiken). This came as a big shock to the nation because if the government was willing to ask for a dismissal of the lawsuit what else could they be doing behind our backs.
This is what happened with Antoine Jones in the Supreme Court Case of The United States v. Antoine Jones. Jones was arrested for drug possession when police attached a tracker to his jeep without judicial approval and followed him for a month. Jones argued his conviction because it violated the Fourth Amendment’s protection against unreasonable search and seizure. The Supreme Court’s ruling was delivered by Justice Scalia, and with a 5-4 split they decided this: "the Government 's installation of a GPS device on a target 's vehicle, and its use of that device to monitor the vehicle 's movements, constitutes a 'search '" under the Fourth Amendment” (Scalia 5). This court case ties directly to the Patriot Act.
41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.
The fourth amendment allows police to stop the vehicle and do the necessary investigation if needed. Police can do so only under the plain view. For instance if people should not argue with the government saying they violate the rules at the time of investigation. The DUI searches the proof that traffic officers assisting the road are helpful while some others say it is a violation of public