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).
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
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
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. 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
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
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
search and seizure of computers in a criminal case. The paper discuses both the challenges and the instruments and approaches needed in gathering evidence from computers. Gathering Evidence Computer evidence is similar to most other kinds of evidence in several ways. Computer evidence is not that different from the evidence to be collected from a car impounded after a car-chase or the scene of crime in a murder case, in the
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