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Totality Of Circumstance: Court Case Analysis

386 Words2 Pages

Looking at the totality of the circumstance, which is the test used when the court focuses on all of the circumstances surrounding a situation rather than any one factor, I do believe that the evidence obtained during the traffic stop and arrest in question would remain valid.
I believe because the arresting officer acted on good faith and did not violate subject’s Fourth Amendment right. The officer performed, what he or she probably believed to be a routine traffic stop at the time, then discovered that the subject had an arrest warrant. Upon arresting the subject, the officer happened to find drugs on him or her. I am sure this discovery occurred during the arrest search of the subject because officers are obligated to ensure the safety of themselves and others while making arrests. They do this by searching an arrested person. Imagine what could happen to officers or others if they did not make sure to search arrested persons. …show more content…

But this was not the case. The facts are drugs were rightfully found on the subject during a legal search that came about via a legal traffic stop. The drugs were seized during the “commission of a crime” because the subject was violating some sort of traffic law or rules/regulation then was found to have an arrest

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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

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You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.

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Kathryn Johnston (June 26, 1914- November 21, 2006) was an elderly Atlanta Georgia, woman who was shot by undercover cops in her home on Neal street in Northwest Atlanta on November 21, 2006, where she had lived for 17 years. Three cops had entered her house in what was later described as a "botched" drug raid. Those cops cut off burglar bars and broke down her door using a no-knock warrant. Officers said that Johnston fired at them so they fired in response; she fired one shot out the door over the cops' heads; therefore, they fired 39 shots, five of six of which hit her. None of the cops were injured by her gunfire, but Johnston was killed by the police.

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Numerous cases have been affected by this, and sometimes they’re even thrown out. The exclusionary rule is very controversial. Critics argue that if the police act improperly or illegally they should face punishment for breaking the law, but evidence should not be excluded from court. In the past 25 years court rulings have made exceptions to the exclusionary rule in certain cases or circumstances when evidence was gathered illegally or improperly. For example, if a police officer appears to have made a mistake or error while having good intentions, when it followed incorrect legal guidance or relied on incorrect information provided by another

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Almost a decade ago, Antoine Jones was tried, convicted, and given a life sentence for operating a drug trade. Of course, his possession of illegal drugs and involvement in the selling of illegal drugs is enough for his conviction, but Jones argues that the police secured evidence unconstitutionally. When the police first started observing Jones on suspicions of his participation in the drug trade, they fastened a hidden GPS device on his car, in order to track Jones to a so-called “stash house,” although they did not procure a warrant to use the device. The police were able to successfully apprehend Jones based on evidence procured from the GPS. Citing the Fourth Amendment of the US Constitution, Jones took his case to the Supreme Court.

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MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,

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They didn't charge her for the drugs, they charged her for lying about them Cause when the cops were on the way her ex had told her he had drugs and to hide them, so she did. At first she had lied to the cops about knowing about the drugs, and later told the truth. she was arrested and later let go the same day cause they realized that the drugs weren't hers. Months later the charges were brought back up, she was charged with facilitation of dangerous drugs for sale, she ended up getting put on probation for 36 months. she lost her home, her car.

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Unfortunately, there are cases where some people went to jail and weren’t necessarily suppose to go to jail. But who truly knew if the officers or witness were telling the truth about the incident? That’s why body cameras should be mandatory for all police officers. It will force the suspects to not lie and enable the judge to have direct evidence in court, rather than comparing both stories and trying to put two and two together.

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In the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).

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The police can arrest without a warrant for a felony or misdemeanor committed in their presence of the officer. Although, in some states, warrantless arrests for misdemeanor and domestic assaults that have not perpetrated in the officer's presence are becoming allowed. Even if the information from the informant turns out to be false, the officer is not reliable if he or she has reason to believes that the information is accurate at the time of the arrest. To become able to gain the power back from a false arrest claim.

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By stealing money and other valuable objects while executing search warrants, the officers violated the trust of the citizens and the trust of their own department. The Officer’s knowingly violated the Law Enforcement Code of Ethics, which requires officers to protect people and their property, “protects the innocent against deception”, and respect citizen’s Constitutional rights (POST, n.d.). These officers showed a complete disregard for these ethical guidelines and used their authority for personal gain. In a similar case, Officer Herrera from the Chicago Police Department, stole from and victimized criminals on the streets with the goal of getting criminals off the street (CBS News, 2008). Officer Herrera felt his actions were not as bad as the crimes being committed on the street, so his actions were justifiable, which is called “denial of injury” (Fitch, 2011).

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