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Chief Justice Rehnquist referred to the Court's decision in United States v. Watson (1976) and argued that by standing on her porch when the officers arrived, Santana was "not in an area where she had any expectation of privacy," and offered another exigent circumstance that excused the nee for a warrant. Since the police had probable cause to arrest and search her at that point, their behavior was consistent with the Court's Watson precedent (the OYEZ Project, United States v. Santana, 427 U.S. 38, 1976). In the case of Watson, the area in question was the defendant's car, where the defendant had presumably the right to expect his privacy. In Watson, the defendant's arrest was deemed unconstitutional because the authorities "had failed to secure an arrest warrant though he had time to do so, and (2) based on the totality of the circumstances (including the illegality of the arrest), respondent's...
v. Watson, 1995).
Works Cited
The OYEZ Project. United States v. Santana. 427 U.S. 38 (1976).
Available at: http://www.oyez.org/cases/case?case=1970-1979/1975/1975_75_19(last visited March 02, 2007).
Expeditious Authorization of Magistrates' Complaints and Warrants in Federal Escape
Cases." Case Authority Criminal Resource Manual 1811. October 1997. Available at http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01811.htm (Last visited March 02, 2007).
United States v. Watson. 1975. Cornell School of Law
http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0423_0411_ZS.html (Last visited March 02, 2007)
Works Cited
The OYEZ Project. United States v. Santana. 427 U.S. 38 (1976).
Available at: http://www.oyez.org/cases/case?case=1970-1979/1975/1975_75_19(last visited March 02, 2007).
Expeditious Authorization of Magistrates' Complaints and Warrants in Federal Escape
Cases." Case Authority Criminal Resource Manual 1811. October 1997. Available at http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01811.htm (Last visited March 02, 2007).
http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0423_0411_ZS.html (Last visited March 02, 2007)
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