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Case Study Of Illinois V. Caballes

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Recommended: Fourth amendment legal analysis

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 …show more content…

“In a unanimous decision, the Illinois Appellate court concluded that the officer was allowed to detain Roy Caballes during a speedy warrant check. The court stated that the officer had enough suspicion to conduct a search”. From my point of view, it appeared to me that once Officer Gillette was informed of prior conviction for drugs he formed his own opinion, that by Caballes speeding he was doing so, simply because he was transporting …show more content…

Subsequently the reasoning behind these traffic stops simply do not extend the time the vehicles are pulled over, reasoning behind this is there would be increased traffic jams and or other hazardous event. This gives Caballes a defense factor that can help him to overcome the case laid against him. Therefore, with this reference, we come up with an assumption that the work of the dog in the road traffic was unlawful for it did what it not expected of it. This is called “interruption” for it comprises an unwarranted search done without notice. Hence, with contrast to the two cases we ultimately come up with a defense for cables that could clear him of only one

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