Hudson v. Michigan Background facts: Police obtained a warrant authorizing a search for drugs and firearms at the home of petitioner Booker Hudson. They discovered both. Large quantities of drugs were found, including cocaine rocks in Hudson’s pocket. A loaned gun was lodged between the cushion and armrest of the chair in which he was sitting. Hudson was charged under Michigan law with unlawful drug and firearm possession.
Yes, from my observation of the marijuana plants you would need a search warrant to enter and search the house and the resident, but in saying that you would need probable cause, which refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search or seize property relating to an alleged crime to enter the house, so in this case the citizens are breaking the law due to growing illegal drugs. If you enter the residence and seize additional evidence inside and that search and seizure is later deemed illegal, would the additional evidence be admissible in court? Why or why not? In my opinion any additional evidence inside the premises would not be admissible in court, this is because as I stated above that any evidence that was collected at the premises and either the search warrant was not issued or was deemed to be
Case Citation: Kentucky. v.King, 563 U.S. (2011) Parties: Kentucky, Petitioner Hollis King, Respondent Facts: In Lexington, Kentucky, police officers entered an apartment building. They were in search of a suspect who had sold cocaine to an undercover informant. After a chase, police lost the suspect. They came to an apartment building where they smelled marijuana coming from one of the doors.
Was the “pat-down” of the driver legal? Yes, Officer Smith had a legal right to request the driver out of the vehicle for a pat-down. In the case of Terry v. Ohio, the Supreme Court discussed the requirement of dealing with armed and dangerous individuals. The court stated that an officer does not need probable cause to arrest in order to conduct a reasonable search for weapons as long as the suspicion is developed by factual information. In this fact pattern, Officer Smith acted on facts that a car matching the description of the automobile current pulled over of possibly being involved in a previous case involving a fellow officer murdered on the road side.
Probable Cause Article Summary In order to issue to a search warrant, a judge must sign the order and authorize and obtain the specifics along with the location. The search warrant is only good for the specified location, so if the warrant specifies the garage at a certain address, authorities cannot search the inside of the home as well. In an article published online regarding the Trayvon Martin case, Reverend Al Sharpton stated he was enforcing the arrest of George Zimmerman regarding the released videos that gave probable cause to arrest him “for obstruction of justice and for filing a false police report if in fact he told police he sustained a broken nose and other injuries” (EurPublisher, 2012). Warrant requirement exceptions can be anything from roadside sobriety checkpoints, which have been court approved but must be done in a fair and organized manner. “For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view.
In the case of Samuels (1999), courts held that Samuels' conduct of walking slowly, looking into houses and looking at the officers, was not grounds for 'reasonable suspicion'. Also, there are 3 safeguards under PACE which the police have to follow, these are: the officer must say his name and station before conducting a stop and search, an officer can only request the removal of a person's coat and gloves, this is under S2 of PACE and the officer must make a written report, also under S2 of PACE. If an officer doesn't state his name and station then the stop and search is unlawful. This was seen in the case of DPP v Osman (1999) when Osman was found not guilty of assaulting the police officer because he didn't give his name and station. There are 3 other acts which the police can stop and search you under.
1. Stop and Frisk on the Streets: Police officers have the authority to make a stop and searches of individuals in the streets. In the Terry v. Ohio (1968) the Court upheld the stop and frisk procedure when a police officer believed the person might be suspicious. The Court requires specific facts to exist in each situation in order for a stop and frisk to be permissible. A police officer is entitled for the protection of themselves and others in area to conduct a careful limited search of outer clothing.
As well as, if an officer asks a person if s/he can search their car, and the individual agrees, there is no need for a warrant. When the individual themselves verbally consents to the officer searching their property, the officer has the right to look for what they are looking for. This would come into play if a person was pulled over for DUI, the officer can ask the individual to search their car looking for open containers, if the individual agrees the search will begin. If the officer notices an open container, and the individual has failed the sobriety field test then a search of the
A search of a defendant’s car produced drugs in a paper bag, and a leather pouch of cash. The paper bag was deemed admissible in court while the leather pouch was thrown out. There was a “greater expectation of privacy” with the pouch. U.S. v Ross (1982) Search incident to lawful arrest is when a person is arrested the police may search the person and any area within that person’s reach. There is no warrant required for this but the officer must have probable cause for the arrest.
You can also be searched without ‘reasonable grounds’ if it has been approved by a senior officer and this can happen if you’re suspected of being in a specific location or area and if you’re carrying a weapon or have used one. There are also requirements for a police officer before searching you. He/she must tell you their name and police station they are assigned to, what they are expecting to find on you and the reason why they want to search you, why they are allowed to search you and that you can have a record of the search. The police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there.