ipl-logo

Rosemary Henderson Case Study

2071 Words9 Pages

PRELIMINARY STATEMENT
Rosemary Henderson was arraigned in Yolo County Superior Court on May 30, 2016, for allegedly violation Health & Safety Code § 11379, subd. (a). Henderson pleaded not guilty and pursuant to Penal Code § 1538.5, moved to suppress the fruits of the search –the two baggies and the statements she made- arguing that the search of the trunk exceed the scope of any consent she had given. The trial court denied the motion. Henderson then withdrew her not guilty plea and pled guilty to the sale of a controlled substance. The trial court accepted the please, suspended imposition of sentence, and place Rosemary Henderson on probation for three years. Counsel for Henderson filed a timely Notice of Appeal with the California Court …show more content…

Officer Raney asked Henderson “Can I just quickly check where you’re seated to make sure you’re okay?” The search in the car lasted several minutes when Officer Raney stated that he was only going to search “quickly.” Henderson complied, knowing that Officer Raney was going to search “quickly” in the car. The length of search became an issue in Cantor, when Officer Weizoerick requested for a “real quick” “check” of Cantor’s car. After Cantor gave consent to have his car searched, Officer Weizoerick proceeded to search in the car for almost 15 minutes. The Court of Appeals stated that the search should have ended because “a typically reasonable person would not have understood defendant’s consent to ‘real quick’ search.” Based on the analysis in Cantor, the search in Henderson’s car lasted longer than what would be considered “quickly.” The ecstasy found in the car should have been suppressed as evidence against Henderson because it did not meet the test of objective reasonableness. Officer Raney never specified that he was searching for drugs in the car. Officer Raney asked Henderson “Can I just quickly check where you’re seated to make sure you’re okay?” Based on the objective reasonableness test, a reasonable person would not have any clue that drugs would be the reason for a …show more content…

Officer Raney did not ask Henderson if he could search for drugs in her car, thus she was unlawfully charged on Cal. Health & Safety Code § 11379. Subd. (a). Based on the scenario in Crenshaw, Officer Randolph asked the driver directly if he “had any drugs in the vehicle” and whether he could search “for drugs.” In Bell, Officer David asked the driver if he had any cocaine in his car. The driver replied with a “no” and did not allow Officer David to search the car. In Cantor, Officer Werzoerick, also followed the same protocol as the previous officers by asking Cantor “Nothing illegal in the car or anything like that? Mind if I check ‘real quick’ and get you on your way?” As a result, the defendant gave permission to Office Werzoerick to search the car knowing that they were going to search for

Show More
Related
407 Words | 2 Pages

Additional officers were called to assist Rand and after they arrived, Officer Rand asked Alcala for consent to search the car and he said yes. Gonzales even assisted Officer Rand with the search by opening the trunk and glove department, over the course of the search

Read More
455 Words | 2 Pages

Title: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.

Read More
519 Words | 3 Pages

With surveillance, they observe that he meet with a person, and proceed to return to Illinois, via driving. Based on the anonymous tip and the observation of said events, matching in similarity to the information provided in the letter, the law enforcement obtained a search warrant. Duing the exection of the search warrant, a massive durg load was discovered in Gates car, he was subsequently arrested. The decision of the Trial Courts, made judgement that there was no probable cause, thus invalidating the search warrant, leaving the drugs found, inadmissible to the case.

Read More
510 Words | 3 Pages

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

Read More
258 Words | 2 Pages

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.

Read More
279 Words | 2 Pages

Procedural History: At the suppression hearing, Hayes said he asked Macabeo basic questions that he would normally ask on a stop. He thought the defendant was acting fidgety so he conducted a patdown which did not reveal anything suspicious. He removed his cell phone out of his pocket and handed it to Officer Raymond. Raymond searched the phone without consent from the defendant.

Read More
992 Words | 4 Pages

Abstract On July 23, 1995, Janet Downing was found stabbed to death in her Somerville, Massachusetts home. With strong compelling evidence and creditable eyewitness testimony, Edward O’Brien was arrested for Downing’s murder. O’Brien was only fifteen years old and good friends with Downing’s son Ryan at the time of the murder. The first initial hearing judged that O’Brien would be tried as a juvenile, however this judgment would later be reversed.

Read More
766 Words | 4 Pages

Inmates praise Vickie Lee Roach as she regains their right to vote Roach’s right to vote was infringed due to the 2006 amendments to commonwealth electoral act 1918 (cmwth act) which states that any prisoner serving a full time sentence at any length. The legislation breached her constitutional rights to vote. The constitutional phrase parliament is ‘directly chosen by the people’ implies the right to Australian citizens to vote and states only those that don’t have the mental capacity are exempt, and despite so, Vickie Lee Roach and all prisoners were still denied the right to vote Roach wasn’t pressured into this case by anyone but herself as she has legal standing due to being directly affected by it.

Read More
939 Words | 4 Pages

It goes against unreasonable searches and seizures shall not be violated but only upon probable cause. Skagen didn’t have probably cause to even have the right to search and try to seize whatever Richardson had. Skagen was considered off duty and felt that Richardson was hiding something. The evidence that was found in the court was nothing associated with the four criteria’s.

Read More
617 Words | 3 Pages

Round’s case, he did not exhibit any signs that would point to the immediate usage of drugs. Officer Towns could go as far as verifying that what was in the plastic bag was indeed gift cards, but the actions that he took from then on are unconstitutional. The illegality of the gift cards were not immediate apparent that Officer Towns had to scan the gift cards in his patrol car, but he admitted that even that scan proved useless in understanding the illegality of the gift cards. Furthermore, he had to bring the gift cards back to his precinct’s cyber-forensics department to determine whether or not the gift cards were illegal. In another landmark case Arizona v. Hicks, the warrantless search of the stereo was unconstitutional because it was not immediately apparent that the stereo was stolen without the procedure following it.

Read More
584 Words | 3 Pages

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).

Read More
411 Words | 2 Pages

On Sunday June 3, 2007 the Detective S. Moore was testified that he was off duty, driving his own vehicle from southbound on the Don Valley Parkway in Toronto during traffic hours. At that time, he observed a black Volkswagen motor vehicle which was on his behind driving fast and changed its lane and passed his motor vehicle and then came again in right lane to left lane in front of his vehicle at about 120 km/h where the speed limit was 90km/h and forced him to immediate stop to avoid collision. At that time, the Volkswagon’s driver also, showed him finger gesture. Then, again the Volkswagon’s driver put break suddenly, so he did the same thing. The officer testified that he showed his Police Officer Identification Card to the driver of the

Read More
1580 Words | 7 Pages

At that time, the law speculated that anyone that was carrying drugs was going to eventually sell them - which was a serious crime. However, David Oakes had claimed that he wanted to consume them instead of selling it. His lawyer had argued that the law had violated the Charter’s right to be innocent until proven guilty. The Supreme Court agreed with this and declared that the law was unconstitutional. Ever since this incident, no one can be assumed to be selling drugs just because a person has it in their possession (Flaherty).

Read More
173 Words | 1 Pages

People have taken the issue of racism too far where the minimum comment or move from an officer to another person of a different race is seen bad. In my opinion, agent Hick did what he believed to be the best move when catching drug traffickers. The job of a law enforcement official is never meant to be easy so following your instincts is the best way to handle the job. He had sufficient reasonable doubts to conduct a search, because seeing Weaver move rapidly from the airplane toward a taxicab with two bags gives everyone or at least me the suspicious of something serious is going on. Therefore, I believe it was not a race-based stop, even though Hicks testified that that he was a roughly dressed young black male who might be a member of

Read More
1599 Words | 7 Pages

Stop and search is one of the powers available to police officers and it is present in different acts, the most known is the Police and Criminal Evidence Act 1984. Under PACE section 1, “a police constable can stop and search a person if he has reasonable grounds to suspect that a person is in possession of stolen or prohibited articles” (Bowling and Phillips, 2007); the authors continue by adding that suspicion must be based on facts, information, intelligence, and it must be objective. Before PACE 1984, different powers of stop and search were incorporated within local and national legislation (Brown, 1997 cited by Miller, 2010), one was the Vagrancy Act 1824 (The Police Foundation, 2012), known as the “sus” law which allowed police officers to stop and search individuals who were about to commit a felony (Whitfield, 2009). The greatest use was in London and in other specific cities and towns. Where stop and search did not exist, police used “ways and means act” to obtain consent from those they wished to stop and search (Whitfield, 2009).

Read More

More about Rosemary Henderson Case Study

Related Topics

Open Document