If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all approaching cars meets the neutrality requirement. Moreover, the Supreme Court has also determined that the use of drug dogs does not violate one's Fourth Amendment rights; commentators have called this the "plain smell" exception. A positive sign from a drug dog is sufficient to form probable cause that there are drugs in a vehicle, which then gives an officer the right to conduct a full search of the car...
Therefore, the prospects for success in Harry's possession case for the marijuana in the vehicle would change, because Harry would likely be found guilty. However, the nature of the stop would not have an impact on the legality of Hardbutt's interrogation of Harry; Harry still would have been entitled to Miranda warnings and any questioning without such a warning would have resulted in inadmissible evidence. The location of Harry's marijuana field would still have been fruit of the poisonous tree, and any drugs found on the property would still be inadmissible against Harry.
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat down of both Carty and the driver, at which time cocaine was found on Carty. The signed consent to search did not include
For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company system constituted an invasion of their right of privacy in violation of both the California Constitution and common law. But the court found that plaintiffs lacked a reasonable, objective expectation
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hiphop consented to the search and voluntarily allowed Hardbutt onto the premises. Therefore, even if the drugs are excluded as the subject of the interrogation, the deer carcass was never discussed
Constitutional, Legal and Ethical Issues in Criminal Justice Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, severe beatings, fatal chokings, and rough treatment, persists because overwhelming barriers to accountability make it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or
Q: Do you think continual education and/or training in police ethics would reduce incidents of police corruption? A: Again, it depends entirely on the type of continual education and training we're talking about: repeating simplistic ethical training scenarios originally presented in the academy is even less effective with respect to seasoned police veterans than with respect to rookies or trainees. On the other hand, if we're talking about a well-designed
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 2008). Since Gregg, the issues surrounding the Eighth Amendment constitutionality of capital punishment relate to the specific methods of implementation in light of evidence that lethal injection, the most common method used
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now