On Feb. 2, 2002 a couple from Phoenix left on a trip to Tucson and were never heard from again – but now, a little more than 16 years later, Brian James Ferry stands accused of the alleged murders of Charles Martin Russell and Catherine Nelson. According to the Nicol Green, a prosecuting lawyer, Russell and Nelson drove up to Tucson to purchase a motorcycle being sold by Ferry. He had placed a false advertisement in the Arizona Republic and was selling the nonexistent motorcycle for $12,000.
Ps, Elizabeth Gibson and Gerding Speare, allege excessive force and false arrest. Apartment # 510: P Gibson alleges that was on the toilet when MOS break into the bathroom with their guns drawn and pulled her off the toilet. P Gibson states that she was not allowed to get dressed and was dragged into the living room. P Gibson claims she was handcuffed tightly. Apartment # 406: P Speare alleges that she was in her bed when MOS entered the bedroom and dragged her into the living room.
Brief Arizona v. Hicks 480 U.S. 321 (1987) Facts: A bullet was fired through the floor of Hick’s apartment on April 18th, 1987. The bullet injured a man in the apartment below Hick’s apartment. Police officers arrived at Hick’s apartment to investigate the shooting. Upon investigating, the police officers seized 3 weapons and a stocking mask. Also, while investigating, one of the police officers noticed expensive stereo equipment.
The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges. The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home.
The Majority of the court 's decision includes McLachlin C.J. and Bastarache, Deschamps, Abella, Charron and Rothstein JJ. The court had to decide in this case whether the seriousness of an offence or knowing that one might be a threat to public safety can be a justification to stop anyone without having solid evidence against them. The court stated that both Mr. Clayton and Mr. Farmer were guilty of carrying concealed weapons in a public place. The police had the right to search them even though their car didn’t match the description described by the 911 caller because the officers have to be consistent with their duty towards public safety and act in accordance to the seriousness of the
Facts: Law enforcement gathered enough evidence to establish probable cause that Payton murdered a gas station employee. Without an arrest warrant, agents entered the suspect’s home with force to make an arrest. Payton was not home at the time of the entry but in plain view officers found a shell casing that was used for evidence. Issue: Is it unreasonable under the Fourth Amendment Search and Seizure Clause for law enforcement to enter a home without an arrest warrant or search warrant
On October 31, 1968, in Cleveland, Ohio a Cleveland police officer, named Martin McFadden, saw three men acting suspiciously around a jewelry store, which he believed they were casing a job. The officer, McFadden, walked up to three men and asked a few questions; afterwards, he proceeded to stop and frisk them. McFadden found a pistol in John Terry’s pocket, a revolver in Richard Chilton’s pocket and nothing was found on Carl Katz. The officer arrested Terry and Chilton for carrying concealed weapons and Carl Katz was sent free. Terry was convicted and sentenced to three years in jail.
Three related precedents govern the extent to which officers may search property found on or near an arrestee. Chimel v. California, 395 U. S. 752, requires that a search incident to arrest be limited to the area within the arrestee’s immediate control, where it is justified by the interests in officer safety and in preventing evidence
Police believed that Mapp was harboring a suspected bomber, and demanded entry. No suspect was found, but police discovered a trunk of obscene pictures in Mapp 's basement. Mapp was arrested for possessing the pictures, and was convicted in an Ohio court where she lost the case in fighting her for first amendment rights. Then, Mapp argued that her Fourth Amendment rights had been violated by the search of the officers and got her case taken to the U.S. Supreme Court where she won. At the time of the case, unlawfully seized evidence was banned from federal courts but not state courts, meaning that the evidence found in Mapp’s home was used against her in the Ohio court, but not the U.S. Supreme Court.
On August 22nd, 2009, the police pulled David Leon Riley over for driving with expired license registration tags. Due to Riley’s license being suspended, the policy, through their policy, required his car to be impounded. In addition to impounding the car, they are also required to conduct an inventory search to ensure that the vehicle had all of its components at the time of the seizure, to defend against future liability claims. It also serves as a way to search for hidden contraband. During the search of Riley’s car, the police found two guns, arresting Riley for possession of firearms.
In 1955, Barry Jones was convicted of murdering Rachel Gray, his girlfriend's 4-year-old daughter, and was sentenced to death row. Over the years, new medical evidence was found and Mr. Jones attempted to use it and fight for his innocence. During Jones's trial in 1995, where he was sentenced to death row, it was found his lawyer failed to do even the most basic investigation necessary to assess the reliability of the evidence against him (Death Penalty Information Center). This brought the attention of the Arizona Attorney General who acknowledged that Mr. Jones did not receive a fair trial and was wrongfully convicted of capital murder as well as wrongfully sentenced to death in Arizona (Arizona Federal Public Defender). When the case entered
Gordon Hirabayashi v. United States On December 7th, 1941, Japan attacked Pearl Harbor. The immediate reaction of the United States government was to enforce curfew on all people of Japanese descent, and even to go as far as force people into internment camps. Though most people of Japanese descent followed the United States government’s commands without question, Gordon Hirabayashi was one of the few that stood against this discrimination. Gordon Hirabayashi was born in Auburn, Washington in 1918 and was a part of the first generation of Japanese Americans in his family.
These actions did not go by what was established by an earlier, similar case, and by performing the scan with no warrant, the government did not allow DLK to conduct private activities in his own home. Although some argue that the government’s actions were acceptable because they only scanned what was visible to the public, they still used a device not readily available to the public to see inside DLK’s home. The government’s actions were unacceptable, and a warrant should have been obtained prior to performing the search in order to make it
A student “TLO” was caught smoking cigarettes in school, she was confronted by the school’s vice principal, who forced the student to hand over her purse. The vice principal then searched her purse, found drug paraphernalia and called the police; the student was eventually charged with multiple crimes and expelled from the school. Her lawyer argued that the evidence should not have been admissible in court because it violated the student 's Fourth Amendment protection against unreasonable searches and seizures.
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
