The police searched her residence but did not find the bombing suspect.However the police did find obscene materials in the house, and Miss Mapp was placed under arrest. Miss Mapp was found guilty and convicted for the illegal materials found in her residence. All evidence found at Miss Mapp’s residence was in violation of the fourth amendment (no unlawful search and seizures) because they did not have a real search warrant.The police, who possessed no warrant to search Mapp's property had acted unlawfully. Any incriminating evidence found during the search should, therefore, be thrown out of court and her conviction overturned. If the 4th Amendment did not limit the prerogatives of police on the local and State level, local law enforcement would have a mandate to search wherever, whenever, and whomever they pleased.
Specifically, the girls’ mother, Sarah Greene, alleges that the caseworker, Bob Camreta, and deputy sheriff, James Alford, violated S.G.’s Fourth Amendment rights when they seized and interrogated her in a private office at her school for two hours without a warrant, probable cause, or parental consent. This note will address the Fourth Amendment issue of an unreasonable seizure without a warrant, parental consent, or probable cause. There can be an inference drawn that police departments that are unwilling to follow procedures in regard to searches and
They came to an apartment building where they smelled marijuana coming from one of the doors. After knocking and identifying themselves as the police, they heard noises that they described as shuffling as if to destroy evidence. Police then kicked the door in and entered the apartment. Upon entering the apartment, police found drugs in plain view. During another search, police found even more evidence.
Once at the station the gun was run through the computer and it was found that the gun was used in a murder. My partner wants to falsify his report so the charges will stick. The driver confesses when this information comes out and my partner charges him with murder. I try to convince my partner that none of this evidence and confession will be admissible in court because there was no probable cause at the time. There was no consent for the search, the gun wasn’t in plain view and we did not protect ourselves by reading the driver his Miranda rights before questioning him.
Hudson was charged under Michigan law with unlawful drug and firearm possession. When police arrived to execute the warrant, they announced their presence, but waited only a short time perhaps “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. At trial Hudson argued that police violated the knock and announce requirement, therefore all the evidence stemming from the search warrant should be inadmissible. The Trial Judge granted the motion to suppress the evidence. On appeal, Michigan Court of Appeals reversed the motion to suppress.
October 2, 2012 Case Brief Cupp v Murphy 412 U.S. 291 (1973) Facts: Daniel Murphy was convicted of murdering his wife in the second degree. After he found out of the murder he called the police and voluntarily submitted himself to questioning. In the middle of his questioning the police noticed a dark spot on his finger and they asked if they could get a sample and he refused. The police did not respect his wishes and they took the sample anyways of what was under his fingernail. They processed it and later found out there was traces of his wife’s nightgown, skin, and blood all from the deceased victim.
PAGE 1 Scenario 1 Advise whether the Crown Prosecution Service should go ahead with a prosecution against Shantel. Shantel was arrested based on one eye witness account from her ex boyfriend Zac. Many other people have witnessed someone kicking Jennifer the Paramedic but no one but he, saw who did it. According to The full code test, section 4.7 of the Code for the Crown Prosecutors it must be decided that the evidence is reliable and does not give cause for concern. His testimony is unreliable and inaccurate, based on that unless he was involved in the fight, he would not know who it was who kicked Jennifer the Paramedic as it is pointed out by Shantel herself that there was lots of kicking and screaming at the point that Jennifer was kicked.
While passing Makoto’s house one night Sarah sees a laptop computer sitting on a desk near a window. Sarah breaks the lock on the front door, enters and leaves with the computer.—this would be breaking and entering. All of the home invasion burglaries are B&E’s (Breaking and Entering) the case with this is that you have to ensure that the homeowners are not at home when this happens. I don’t know about other states but here in Georgia should someone break into my house it would be the mistake of a lifetime, due to the fact that when I shoot I shoot to kill. Most of the time this is a crime of opportunity.
“For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. Under the Fourth Amendment's reasonableness requirement, the appropriateness of every warrantless search is decided on a case-by-case basis, weighing the defendant's privacy interests against the reasonable needs of law enforcement under the circumstances” (G K. Hill, 2005). Another exception to warrant requirements as it pertains to the above article is that the video released shows there was a lack of physical harm as seen on George Zimmerman. This was important to the prosecution because Zimmerman claimed Trayvon Martin attacked him and his death was a result of self defense. In conclusion, authority’s base warrants on probable cause which are only necessary in a small percentage of cases.
Errors in the Investigation of JonBenet Ramsey’s Death In the early morning hours of December 26, 1996 JonBenet Patricia Ramsey was murdered at her family’s home in Boulder, Colorado. At approximately 5:52am, her mother, Patsy, calls police declaring that her daughter had been kidnapped and that she had found a ransom note on the back staircase in the kitchen of the home. Police officers arrived at the home at 6:00am and conduct a search of the premises. JonBenet is not found at this time. The ransom note found by Patsy Ramsey is read and indicates that JonBenet’s father, John, and mother Patsy must pay $118,000 by 10 am the next morning to ensure JonBenet’s safe return.