US Vs. Knights Research Paper

Length: 3 pages Sources: 3 Subject: Criminal Justice Type: Research Paper Paper: #84982334 Related Topics: United States, Probation, Surveillance, Parole
Excerpt from Research Paper :

¶ … Fourth Amendment, which restricts searches pursuant to a probation circumstance to those with a 'probationary' purpose, removes any wrongdoing in the case of United States v. Knights with regards to warrantless searches. Often times there exists a thin balance between safeguarding citizens and observing probationers. Any observation made by law enforcement that might causes suspicion of a probationer can then translate into reasonable inquiry and therefore make it legal to perform searches without a warrant.

Under the circumstances of the case, the respondent, Knights was living under precise probationary limitations that allowed law enforcement to conduct a search of his person regardless of warrants. Respondent came under suspicion after a vandalism spree occurred. A detective noticed the respondent and then searched and arrested him as a suspect.

His summary probation was a result of a drug charge. Because of this probation, and after he signed and agreed to submitting to any reasonable search, he forfeited his right to deny a search without a warrant by law enforcement. The problems stem from his suspicion after observation by law officers noted his friend, Simoneau dropped pipe bombs into the Napa River that could have facilitated acts of vandalism reported by Pacific Gas & Electric.

After detectives initiated surveillance and connected the explosive materials to...

...

When they did, they came upon the bomb making materials. Although it seems wrong to enter a house without a warrant, the detectives were right in performing the search because they knew the conditions of his probation and were aware of the Fourth Amendment limitations.

2. Rule

The Supreme Court of California disallowed this difference and sustained searches pursuant to the California probation condition "whether the purpose of the search is to monitor the probationer or to serve some other law enforcement purpose." (Karagiozis, 2005, p. 227). The courts decided certiorari, 532 U.S. 1018 (2001), to evaluate the constitutionality of warrantless searches made pursuant public California probation state. Because the respondent generated reasonable suspicion under surveillance by law enforcement, and responded forfeited his rights to a warrantless search after his drug charges, the detectives were well within their rights under the Fourth Amendment to enact the search. The Courts therefore reversed the judgment of the Court of Appeals as well as remanded the cause for further proceedings not changeable with this judgment.

3. Analysis

The respondent's disagrees to which the "probationary" purpose restriction "follows from our decision in Griffin v. Wisconsin,"…

Sources Used in Documents:

References

Carper, D.L., Mietus, N.J., & West, B.W. (1999). Understanding the law. Cincinnati, Ohio: West Legal Studies in Business.

Karagiozis, M.F. (2005). Forensic investigation handbook: An introduction to the collection, preservation, analysis and presentation of evidence. Springfield: Charles C. Thomas Publisher, LTD.

Palmer, J.W. (1977). Constitutional rights of prisoners. Cincinnati: Anderson Pub. Co


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