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Arizona Vs Gant Case Study

1091 Words5 Pages

In Arizona vs Gant, the case began when Rodney Gant was arrested for driving with a suspended license (Justia US Supreme Court, n.d.). The arresting officers handcuffed Gant and then placed him into a police car before searching the vehicle Gant had been operating (Justia US Supreme Court, n.d.). Within the vehicle, the cops found cocaine in a jacket pocket. Gant was charged with possession of narcotics (Justia US Supreme Court, n.d.). At trial, Rodney Gant argued that searching his car was a violation of his Fourth Amendment right (Justia US Supreme Court, n.d.). Initially, the judge disagreed, stating that the officers were in the right (Justia US Supreme Court, n.d.). It was later overturned by the State Supreme Court, who found that searches …show more content…

Officers must prove that consent was given voluntarily, and that the suspect in question was not threatened or given promises in exchange for their consent. In the event that someone gives consent to an officer, there is no requirement for probably cause (Law Officer, 2008). Giving consent, while seemingly simple, actually has several factors which must be considered. Among these, two of the most important are age and who is functionally capable of giving consent. Children are unable to give consent due to their age, and thus, depending on the state guidelines, the age of a person able to consent varies (Law Officer, 2008). When it comes to who is capable of consenting, per cognitive functioning, police officers must take into account being under the influence, psychological issues, injuries, and language barriers (Law Officer, 2008). A person may revoke their consent at any given time, thus forcing the officer to cease their search (Law Officer, 2008). Funnily enough, officers do not have to inform someone that they have the option to decline consent, as established in Schneckloth vs Bustamonte (Law Officer,

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316 Words | 2 Pages

The case, Utah v. Strieff, A criminal case involving probable cause and the Fourth amendment was a case in Utah, where a narcotics detective made an arrest of a man, who was not actively involved in a crime but had frequented a suspected drug house. The suspect, Mr. Strieff had a previous warrant and was seen leaving the home where drugs are known. The detective, Officer Fackrell had been watching the home for over a week based on a tip of suspected drug activity. Officer Fackrell watched Mr. Strieff leave the house, walk to a store and proceeded to stop him, ask for his ID and called his name in to see if he had any warrants. He did have a warrant for traffic violation and the officer arrested him, searched him and found illegal drugs on him.

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Maryland Vs Pringle Essay

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[1] Decision: In this case it was found that the officer did have probable cause to believe that the crime of possession of the cocaine was that of Pringle. Due to this the arrest did not contravene the Fourth and Fourteenth Amendments. So, the judgment of the Court of Appeals of Maryland was reversed, leaving the case remanded for any further proceedings and is not inconsistent with the opinion of the Court. [1] Comment: This case shows a warrantless search and arrest based on what the officer sees with his belief that a crime is being committed or that it has been committed. Resources: 1.

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Even if it was to be allowed in the court of law the defendant Mr. Blake was intoxicated and not thinking clearly. The Officers also allegedly observed Mr. Blake hand a baggie of white powder to someone standing near the couch. This was allegedly to be observed during the violation of the Fourth Amendment right along with the pat-down search of his body without Mr. Blake’s consent. A search or seizure is generally unreasonable and illegal without a warrant (https://www.law.cornell.edu/wex/fourth_amendment).This search which lead to the arrest of Mr. Blake did not have probable cause due to all evidence leading up to the search and under the exclusionary rule, all evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. (Mapp v.

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Case Study: Tlo V. New Jersey

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A 6-3 vote in favor of New Jersey was all it took to strike down TLO’s request to suppress the evidence as well as her confession. In previous cases, courts have ruled that school officials were exempt from the restrictions put in place due to their need to enforce authority over their students. The Supreme Court decided that in this case, the exclusionary clause would apply to school officials. This means that because they’re school officials, they don’t have to have as many means to perform a search on the students because students should have a decreased expectation of privacy. Their decision meant that the evidence found in TLO’s purse along with her confession had to reason to be excluded because her 4th Amendment rights were not violated.

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Summary Of The Supreme Court Case Of Davis V. The United States

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The vehicle’s search was based on precedent that was eventually overturned; thus, Davis argued the firearm should be suppressed under the exclusionary rule as it violated his Fourth Amendment rights. The central question of the case was whether evidence obtained in a search that was conducted in good faith and reliance on binding precedent should be subject to suppression under the exclusionary rule (de Golian, 2012). The Supreme Court ruled that under the exclusionary rule, evidence is not excluded if during the search, it is obtained by officers who reasonably rely on a warrant that is later invalidated (Exclusionary rule 2022). How the Supreme Court Case Reflects on the Exclusionary Rule The Fourth Amendment’s exclusionary rule has historically operated as a deterrent against unlawful police behavior and safeguard individuals from government overreach.

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Arizona Vs Gant Case Study

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This is a landmark case as the State of Arizona argued the "bright line" rule was established in New York v. Belton, and the U.S. Supreme Court defined the "bright line" rule as to authorize law enforcement officers the right to search a vehicle's passenger compartment, including the immediate area of where the arrestee was in search incident to arrest, after a lawful arrest has been made and is a result of a contemporaneous incident.   In Chimel v. California, the U.S Supreme Court ruled that a search incident to an arrest is permissible as long as the officer can articulate safety for the officers is present and preserving evidence is a factor. Furthermore, Thornton v. United States gave an additive to law enforcement as the U.S Supreme Court ruled that officers could initiate warrantless searches of vehicles incident to arrest of both occupants and recent occupants (Staff,

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The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).

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Compare And Contrast Arizona Vs Gant

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The Arizona v. Gant case is very interesting. Gant also had a gun in the car. I’m assuming Gant didn’t consent to the search, even though I don’t see any of that mentioned in the case. Normally, police officers ask if they can search your car. I’m a bit confused though.

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