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The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that any acceptance of the search now from Mary Ellis would be invalid in the eyes of the law, and would not help the police in using the evidence that they have against William. The other problem was that evidence recovered from what was clearly a residence could not be accepted under the plain view doctrine, as the initial search itself was not under any warrant. The question of plain view doctrine is applicable only after the initial entry is made under a valid warrant. These legal points are discussed in detail in U.S. v. Hotal, 143 F.3d 1223 (9th Cir. 1998). (Restrictions on Search and Seizure)
Well, the position seems that the evidence of murder that the police have is likely to be ruled out of bounds and the police will have to depend on other grounds for getting a conviction. One of these may be malice as the West Virginia Supreme Court has declared that malice is an important factor of murder in both the first and second degree. This can be seen in the cases of State ex rel. Combs v. Boles, 151 W. Va. 194, 151 S.E. 2d 115 (1966); State v. Sharkey, 161 W.Va. 17, 244 S.E. 2d 219 (1978); State v. Lewis, 133 W. Va. 584, 57 S.E. 2d 513 (1949). The law also permits the malice to be either express or implied and this is a question to be decided usually by the jury. Malice is a state of mind and this is subjective to the individual human being, and can be discovered only through words and conduct. As per the definition of the concerned court "Malice is not confined to ill-will toward any one or more particular persons, but malice is every evil design in general." (Instructor's Notes: Malice) Thus the prosecuting authority is in a situation now that they will have to discover other elements for proving murder and not depend on the evidence that they have. They have had a lot of time as the person has been pursued...
It is likely that William will be released under the present count if the police do not provide other grounds or reasons.
Bibliography
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Bulzomi, Michael. J. "Knock and Announce: A Fourth Amendment Standard" Retrieved at http://www.fbi.gov/publications/leb/1997/may976.htm. Accessed 27 July, 2005
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Sanford, Janice. (8 July, 2005) "No Time Limit in Murder Cases" Retrieved at http://journals.aol.com/justice1949/JUSTICEFORTERRISCHIAVO/entries/1013. Accessed 27 July, 2005
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Bibliography
Batts, Kevin. (5-9 July, 2004) "Kevin Batts' Weekly Court Report" Retrieved at http://www.tncrimlaw.com/Ct_Report/july5_2004.htm. Accessed 27 July, 2005
Bulzomi, Michael. J. "Knock and Announce: A Fourth Amendment Standard" Retrieved at http://www.fbi.gov/publications/leb/1997/may976.htm. Accessed 27 July, 2005
Elkins, James. R. (Fall, 2003) "Instructor's Notes: Malice" Retrieved at http://myweb.wvnet.edu/~jelkins/crimlaw/notes/maliceAccessed 27 July, 2005
Restrictions on Search and Seizure" Retrieved at http://www.landrights.com/TIDBITS%20restrictions_on_search_and_seizure.htm. Accessed 27 July, 2005
Sanford, Janice. (8 July, 2005) "No Time Limit in Murder Cases" Retrieved at http://journals.aol.com/justice1949/JUSTICEFORTERRISCHIAVO/entries/1013. Accessed 27 July, 2005
Search Warrants: What They Are and When They're Necessary" Retrieved at http://www.nolo.com/article.cfm/ObjectID/50CD91FC-B21D-4BE7-
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Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation
Tresspas THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE SHREK, THE OGRE ) Plaintiff and Respondent, ) ) Case CJ -- 2012-1014 FAIRYTALE CREATURES and LORD FARQUAAD ) Defendant and Appellant ) STATEMENT OF FACTS Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet
An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car. When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is
Supreme Court and Cell Phones According to The Times Editorial Board (2013), the case concerns David Riley, a Californian college student, who was pulled over by police for expired tags. During the incident, it was also discovered that his license had been suspended. As a result, the car was impounded and searched, after which guns were found under the hood. Riley was then arrested and his Samsung phone was confiscated. When
Traffic Stop In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime. According to LaFave (2004), the only issue in such a case is
search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the United States provides protection from illegal search and seizures through the fourth amendment. The fourth amendment is written in such a way that it can be vague when it