They have also said that it is reasonable for any officer to do an immediate area search of where that individual is to make sure that they can not grab anything for a weapon like for example a knife. The Supreme Court clearly notes in its opinion that such searches have to happen in the immediate area of arrest and any such search outside that area must be made with a search warrant. In Chimel case the officers could have patted down Chimel and then done a search of the immediate area to make sure that no weapons were hiding around. But once they began looking all around the house that requires a search warrant. The Supreme Court reversed the California Supreme Court’s
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
Although, the police officers had a search warrant they had it for the wrong unit which placed a family in danger and they raided the wrong unit in the first place but then raided the right one where they find the evidence but because it was found illegally the judge dismissed all of the evidence against Shakeel “Blam” Wiggins because of the Exclusionary Rule. Now the reason the evidence was dismissed was because there was no specific address on the warrant and this means that an officer cannot just search every unit in the multi-family house until they find evidence against the
In Commonwealth v. Newman, 429 PA. 441 (1968), on November 16, 1964, at about 11:30 a.m. four detectives went to appellant 's home with a body warrant for appellant and a search warrant for the premises. The complaint for the search warrant recited that the affiant, Detective John McCrory, deposed that there was probable cause to believe that certain books, papers, and other items used for the purpose of a lottery were in the possession of Henderson Newman at or near 721 West Mary Street. They forcefully entered the appellant 's home without announcement or purpose. The court held that, the forcible entry without announcement of purpose violates the Fourth Amendment. The fruits of an illegal search are inadmissible under Mapp v. Ohio,
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.
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
In Horton v. California, 496 U.S. 128 (1990), the California Supreme Court held that the Fourth Amendment does not prohibit the warrantless seizure of evidence in plain view. Officers have the right to take any tangible items from an individual they may be frisking down at the moment if the officer has probable cause and believes that the items are related to a crime. Under the plain view doctrine, any contraband may be seized and used against an individual if it is in plain view, or in the reach of an officer; if the officer has been given permission to be in the place where the contraband is located; and if the individual has characterized suspicious behavior that led the officers to have probable cause to further retain the items in
After reviewing Justice Brennan’s dissenting opinion, I cannot agree with his argument that a conducting a protective sweep surpasses the purpose of the Terry v. Ohio decision. Justice Brennan agreed that a protective sweep was not a full-blown search, but it was much more intrusive than a limited pat down for weapons or the frisk of an automobile (Sifferlen, 1991). Also, Justice Brennan also stated he believed officers’ should possess probable cause to initiate a protective sweep of a home (Sifferlen, 1991). The Terry v. Ohio decision permits law enforcement officers to perform a pat down of the outer clothing, when the officer has reasonable suspicion to believe the subject he or she is dealing with, is armed and dangerous (Hall, 2015). The main purpose of Terry v. Ohio decision is to locate weapons that may be used to hurt the
Constable Dan had reasonable grounds to believe that Frank was carrying illegal weapons. The suspicion arose when the sniffer dog took interest in Frank’s backpack. Frank thought that running away would prevent him from being caught, however, constable Dan noticed that Frank was running thus, tackling him to the ground and detaining him until another police officer attended the scene. Although this arrest is not valid in the sense that Frank was not specifically told that he was under arrest, the arrest still occurred because Frank was being detained. Constable Dan then had the power to search Frank’s back pack as his power under Section 3ZH of the crimes Act states; “If a person who has been arrested for an offence is brought to a police station, a constable may: if an ordinary search of the person has not been conducted--conduct an ordinary search of the person” (Crimes Act 1914 (Cth),
Within this court case, it was determined that that searches and seizures require a warrant unless it is to prevent a future crime from happening. The court also referenced Arizona v. Gant, which focused on whether or not officers may search property found on or near the arrestee and also discussed elements of Chimel v. California, which stated that it is reasonable for an officer to search a person and that it is reasonable for an officer to search and seize any evidence from an arrestee if it is to protect it from being destroyed. The Supreme Court also cited United States v. Robinson, which also cited that a search led to
The validity of the search could cause a problem with the evidence. I would assume that the search was legal and that the defendant would agree to this
Nowadays, “privacy” is becoming a popular conversation topic. Many people believe that if they do not do anything wrong in the face of technology and security, then they have nothing to hide. Professor Daniel J. Solove of George Washington University Law School, an internationally known expert in privacy law, wrote the article Why Privacy Matters Even if You Have ‘Nothing to Hide’, published in The Chronicle of Higher Education in May of 2011. Solove explains what privacy is and the value of privacy, and he insists that the ‘nothing to hide’ argument is wrong in this article. In the article, “Why Privacy Matters Even if You Have ‘Nothing to Hide’”, Daniel J. Solove uses ethos, pathos, and logos effectively by using strong sources, using
Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.
The invasion of privacy was both problematic and unethical. At the time Humphreys’ research homosexuality was a crime in most of the U.S. If the police had got hold of his data, these men could be arrested and sentenced to years in prison. Furthermore, it could have imposed a bad image on sociologists and it could have made future research more difficult. Humphrey’s, (1975) convincing defense on his efforts to protect his respondents’ privacy from public (not from him), did not change the fact that he did violate their privacy.
An officer may only be allowed to search a person 's personal belongings if their reasoning is associated with a lawful arrest and if they have a probable cause to search (Matthews). After it being a huge deal in New York, other cities and states began embracing the use of stop-and-frisk as it began growing around the United States. In the 1950s police officials in other cities took up, and expanded, the stop-and-search tactics by using the LAPD to embrace the theory of crime