Preview

Dlk Case Study

Good Essays
Open Document
Open Document
669 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Dlk Case Study
Federal agents suspected DLK was growing marijuana in his home and scanned DLK’s home from outside with a thermal imager which is a device that detects warmth within the home. The results were consistent with the use of heat intensive lights used in growing marijuana indoors and based on the scan and other evidence, the agents were able to obtain a warrant which was used to search the home where they found more than 100 marijuana plants. Within the search and seizure case of DLK, the government did not go too far because they had suspicion, did not invade the privacy of the suspect, and there was danger of loss of evidence. A search is trying to find something by looking carefully and a seizure is taking your belongings. The police officers already has suspicion about DLK growing marijuana and taking the time to obtain a warrant would only less the chance of winning the case. The suspect, when searching his home, was found growing more than 100 marijuana plants which was never shown on the thermal imager because the thermal imager doesn’t show any parts of the home, it just detects where the heat is escaping from the exterior of the home (Doc C). The law enforcement already had …show more content…
United States, police officers had suspicion about crime occurring (Doc A) but searched the suspect’s property in order to confirm their suspicion even though they did not have a warrant. In order to confirm their suspicion, the police officers, in the DLK case, used a thermal imager which detected heat radiating from the exterior of petitioner’s house (Doc E). The thermal imager did not invade the suspect’s privacy because it did not reveal any interior aspects of the home nor did it reveal any private activity in a private place but it rather detected the heat level from the exterior of the home. The heat waves measured escaped the home and entered the public domain (Doc F). Because it did not invade the privacy of DLK, the search did not require a

You May Also Find These Documents Helpful

  • Good Essays

    A person was wanted for questioning about a recent bombing; this person was hiding in a two-family dwelling. Mapp, the owner on the top floor, refused to let the officers come in without a search warrant. After Mapp refused to immediately let the officers in they broke the door’s glass open and then unlocked and opened the door from the outside. Mapp’s attorney showed up, but the officers wouldn’t let him see his client or go inside the house. Mapp demanded the search warrant. The officer help up a paper claiming to be the warrant and Mapp put the apper in her bosom. Then the officer struggled to retrieve the paper, which he eventually recovered. Mapp was handcuffed for resisting the officer. The officer searched the entire house but all that was recovered was “lwed and lascivious book and pictures”. She was then convicted for having them in her possession.…

    • 359 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Marijuana, approximately 6.48 grams of a green leafy substance resembling marijuana, which was packaged in a plastic baggie and a green plastic container. Found in Suspect…

    • 1028 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Lpks Case Study

    • 86 Words
    • 1 Page

    Another notable economic contribution of LPKS is the enhancement of local trade through selling local products in the general store and gift shop and hosting a local market. In fact, there are a number of Australian made products in stores in LPKS (Image 10).…

    • 86 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Texas, police force, said it has been common for police to use thermal imaging on houses…

    • 504 Words
    • 1 Page
    Good Essays
  • Good Essays

    united states supreme court ruled that police officers that have a warrant to arrest someone can enter a home just to arrest the person only if they have the reason to believe the person actually lives there. The same standard was applied for officers when they are conducting a parole or probation search. The…

    • 496 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Horton v California

    • 648 Words
    • 3 Pages

    In California a police officer decided to search petitioner Horton’s home because he felt there was probable cause, the officer was searching for the stolen goods and the weapons used during the crime. The warrant given to the officer only authorized him to search for the stolen goods. As he made his way into the home of petitioner Horton he did not recover the stolen items, but found the weapons used during the crime and recovered them. When it got to the court the recovered weapons were allowed to be used against Horton, and Horton was later convicted of the crime. Since the officer testified that he did have intentions of looking for other evidence while looking for the stolen goods, the California court of appealed the conviction and then granted certiorari.…

    • 648 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dlk Case Analysis

    • 801 Words
    • 4 Pages

    Document A provides an overview of a precedent case, Carroll v. United States, where it was decided that in the situation that evidence could be destroyed or hidden, it is constitutional to conduct a search without a warrant. The overview described the case saying “federal agents believed Carroll was selling liquor...they saw him driving...and pulled him over…they searched his car finding liquor and arrested him.” Although this case is in fact different from DLK v. United States, it mirrors one idea, law enforcement took action without a warrant. In DLK v. United States, the federal agents suspected DLK was growing marijuana in his home. However, because there was not sufficient evidence to obtain a warrant “the imager [was a reasonable way] for law enforcement to gather information without … a search warrant” (Document E). Using thermal imaging in this case was a permitted means of collecting information and is summarized well with Justice John Paul Stevens’s statement in Document F, “[t]he officers’ conduct did not amount to a search and was perfectly…

    • 801 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Therefore, the Exclusionary Rule and fruit of the poisonous tree doctrine was created as an important protection of the Fourth Amendment. This paper has discussed the Exclusionary Rule, fruit of the poisonous tree doctrine, and the difference between the two. It has also discussed the civil liability that officers may be subject to for their mistakes and how they may be forgiven from liability if their mistake was objectively reasonable or if it was made in good faith. Lastly, the author has discussed the importance of obtaining a search warrant when available and how this seemingly simple procedural step will prevent the suppression of evidence, as well as, protect the officer and agency against any civil liability. Although many times officers’ conduct searches under the emergency exception of the warrant requirement, it is generally a lackadaisical excuse which can hardly be defended. In modern times with the inception of recent technology it has become quicker and easier to obtain search warrants, either telephonically or by electronic means. Therefore, it should be instilled in officers through academic and field training to always secure consent or a search warrant prior to conducting a search in order to protect themselves and the integrity of the…

    • 1210 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Although the Fourth Amendment protects a man’s home, neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officers possess a search warrant to search a particular home, the warrant may extend to include vehicles parked within the structure and those parked nearby if the objects of the search warrant could be hidden within the vehicle(s). Since the goal of a search is to find something, then if the vehicle(s) were not searched it could become frustrating and since vehicles could store marijuana, then a vehicle(s) should be searched found on or near the property or home just like other personal property would be searched.…

    • 1245 Words
    • 5 Pages
    Better Essays
  • Better Essays

    1. The officer’s observation of the evidence must be lawful, meaning the officer had a legal right to be at the location, or the suspect did not have a reasonable expectation of privacy in the location,…

    • 1555 Words
    • 7 Pages
    Better Essays
  • Good Essays

    According to Defense lawyer Bruce Block who says his is handling his first criminal case in which police used a body cam. In this case he explains that a Lowell officer was wearing a body cam while searching the home of blocks client and found what police say was an illegal marijuana operation.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Facts: Pasco County Sheriff office in Florida received an anonymous tip that marijuana was being grown on respondent property. When an investigating officer discovered that he could not observe from ground level, he circle twice over the property in a helicopter at the height of 400 feet. With his naked eyes he was able to see through the content of the greenhouse roof, and it open sides of what he concluded were marijuana plants. A warrant was obtained based on what the officer had observed, and the ensuing search revealed marijuana growing in the greenhouse. The respondent was charged with possession of that substance under Florida law. The trial court granted his motion to suppress the evidence.…

    • 379 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The criminal justice system works in such a way that certain behavior or actions are legislated as a criminal offense wherein the state or the federal government can prosecute an offender even if only being suspected. In this case, there exists rules or limits into which protection are of highest concerns. It does not only apply to civilian suspects but also extends to actual prisoners, and to those who are on parole and under probation. But in reality, it has become a worldwide issue in terms of illegal searches. It has even been stipulated in the U.S. Constitution 's Bill of Rights stating that these restrictions start on the premises of the rights to refuse to testify against oneself, the right to confront one 's accuser and the right to a trial by jury for people charged with crimes. But these federal protections may not always seem to hold especially when police enforcers are dealing with prisoners, people on parole and on probation status. This happens because the jurisdictions regarding these matters depend on the ruling court. The court regulates and decides whether the legislative rule, court practice or police action is permissible under the federal and state constitutional law. From here, we can say during the course of searches, we should be aware and vigilant of possible violations by the apprehending police officers. In such cases, knowledge of the legality, technicality and the law should at least be required or at least explained to the person being searched. As mentioned a while ago, the case becomes quite sensitive for people who are imprisoned, on parole and under probation. The situation for them is very difficult in the sense that they are…

    • 2812 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Arck Systems Case Analysis

    • 1309 Words
    • 6 Pages

    This paper will discuss the history and background of Arck Systems and its merger with Lux Software. I will then examine, discuss, and analyze the nuances of the merger and the resulting issues that arose with different compensation packages for each company’s sales team. In my analysis, I will address the intended and unintended consequences of incentive compensation plans. Finally, I will offer my recommendations to Arck Systems.…

    • 1309 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    This article explores privacy using the case legal of R. v. Tesslign. In this case, the supreme court of Canada identified that the defendant did not have reasonable expectation of privacy with regards to the information police men acquired from him. These officers got this information by using warrantless infrared imaging to monitor the respondents home. The article explores how the court came up with their answer and tries to answer questions as to what can be expected…

    • 1612 Words
    • 7 Pages
    Good Essays