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Kurt was arrested for the noise ordinance and possession of illegal and drug paraphernalia.
Any search needs to be with a warrant. The fourth Amendment “the right of the people to be secure in their person against unreasonable searches and seizures…. but upon probable issue.” The Ex Post Facto “is kind law that is used after an act is committed to make it illegal even it was legal when done.”
In the case of Weeks V US 232 U.S. 383 the supreme court addressed this issue. The Fourth Amendment “…protect citizens against warrantless searches of homes and papers and effects.”
The officer Vidal has all right to arrest Kurt since he got the warrant, at same time when no one is presented or o one home the officer needs to wait or came back in other time, but he got in and found the marijuana and other drug. “No state shall pass…. any ex post facto
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Ana; State V Summer
Ana and Summer both was arrested because the police were alert of someone wearing a scary mask willing to rob a bank.
A specific-intent crime is an intent to commit a felony.” Addition to all this the Model Penal Code admits four categories to happened to be criminally culpable. (p 266).
18 USC. 2113(a) (c) (e) a law authorize largest sanction for bank robbery, providing a 20 years in person who “takes, or attempt to take.” Bank property by force and violence or by intimidation.”
Ana decided to rob a bank. She already knew was not a good idea since it was illegal activity. She did met Summer that easily wanted to help her, she is a helper, both got arrested even Ana was the one that enter the bank and ready to rob; Summer is an accessory. Summer will get the same punishment as Ana. Solicitation is asking, hiring or encouraging another to commit the crime. All jurisdictions take solicitation as a crime. Ana represented the crime of attempt, attempt a robbery, she intent to commit the crime of robbery.
The court should rule and press a charged on both Ana and Summer of Attempt of robbery.