Preview

Gail Atwater 4th Amendment

Good Essays
Open Document
Open Document
337 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gail Atwater 4th Amendment
Gail Atwater was pulled over for not putting a seatbelt on her child. Standard procedure would be to give Gail a minor misdemeanor but instead the officer arrested her. The court defended that Atwater did not prove that any constitutional rights had been broken. The 4th amendment was the right being broken in this case. In the 4th amendment “Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.”
According to the state laws, ATwater should have been issued a $50 fine max. This meant that there were no grounds for her to be detained. The issue was that Atwater felt it was a constitutional violation for an arrest to be taken
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Susie V. City Of Elsewhere And Ruthless: Factual Analysis
    • 574 Words
    • 3 Pages

    Susie V. City Of Elsewhere And Ruthless: Factual Analysis

    Susie is a minor, who choose to meet friends at a park at 11pm, when the city law clearly states that a curfew is enforced for anyone after 11pm in the park. Officer ruthless enforced the law, but and the law also states that a person can ride in back of a camper with no seat belt. Jerry a minor with little to no driving knowledge skills was giving Susie and Katy a ride. The total time from the incident to when the truck got in accident was 1 hour and a half, Susie lived a mile from the park.…

    • 574 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Rhodes Vs Detroit Medical Center Summary
    • 927 Words
    • 4 Pages

    Rhodes Vs Detroit Medical Center Summary

    This would mean that the defendant had the right to detain the defendant. The defendant can not be liable for the arrest of the defendant, which was performed by police officers in response to the resistance of the plaintiff, Holguin. Conclusion While the district court believed that Holguin’s concealment of the merchandise by placing it into her tote was willful concealment and satisfied probable cause that she intended to shoplift, the Court of Appeals disagreed, requiring more evidence of intent than just simply putting the item out of sight. The Court of Appeals of New Mexico reversed the order…

    • 927 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Comedy III Productions, Inc. V. Gary Saderup: Case Study
    • 358 Words
    • 2 Pages

    Comedy III Productions, Inc. V. Gary Saderup: Case Study

    Was the appellate court correct in holding that the defendant did violate the terms of the statute and was not protected by the first amendment?…

    • 358 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Supreme Court Case: Tate Vs. Colorado
    • 448 Words
    • 2 Pages

    Supreme Court Case: Tate Vs. Colorado

    Officer Benda pulled up behind him, blocking the man in his parking space. The man, William Tate, was asleep/passed out at the steering wheel with the car on and in park. Officer Benda reported that the man had several open or empty beer cans around him. Officer Benda then knocked on the window and asked the man to turn off the engine and step out of the car. According to the officer, Tate had difficultly balancing and had the smell of alcohol on him. The officer arrested Tate for driving under the influence and when in the car on the way to the jail, Officer Benda told Tate that his license was revoked and should not have been driving. At the Jail, Tate had a blood sample taken to establish his blood-alcohol level.…

    • 448 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Connie Barraclough Case Study
    • 624 Words
    • 3 Pages

    Connie Barraclough Case Study

    In summary, A Orange County 52 year old woman, Connie Barraclough, was arrested in Newport Beach. She exclaimed that the Police Department violated her women’s civil rights. The woman was reportedly booked in a jail where men are processed to be held in jail. Connie was recently drinking earlier that night at an Angels game in Anaheim, the pursuer who arrested Connie reported that she was driving under the influence and arrested her. This all started when Connie realise she was not processed in the correct place for holding. She was actually sent to Orange County Jail in Santa Ana, because of a mishap of not having a female jailer to be “available” to process her. This resulted Connie being held for 12 hours in Orange County Jail rather than Newport Beach Jail which could resulted a…

    • 624 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    People vs Rangel Case Brief
    • 500 Words
    • 2 Pages

    People vs Rangel Case Brief

    Discussion: During his appeal Rangel argued that the police’s search of his phone was unlawful because as stated in the warrant there was no particular mentioning of such devices. He also stated that that even if the warrant did authorize the taking of his phone police would need a second warrant just to be able to search the phone. The court disagreed with both of his arguments.…

    • 500 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Ashcroft V. Ashbook Pros And Cons
    • 70 Words
    • 1 Page

    Ashcroft V. Ashbook Pros And Cons

    The issue at hand here concerned two points. The first one is whether or not the US Attorney General John D. Ashcroft has violated the four amendment prohibition the arrest of any individual without just cause ( the right of the people to be secure in their persons). The second point concerned a probable immunity against lawsuit, granted by law, for all government officials in the exercise of the…

    • 70 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    The Influence Of Officer Smith's Decision-Making
    • 542 Words
    • 3 Pages

    The Influence Of Officer Smith's Decision-Making

    This gives her the ability to pull over the driver if not for any other reason but because of the fact that she thought the “vehicle code” had been violated, depending on what the state entails is a violation. After the officer pulled over the gold Pontiac she had reasonable doubt that the car had been the suspected car of a road side killing of an officer so according to (Hull Street Law) (In Arizona v. Johnson, (2009), the court stated that once a law enforcement officer has conducted a valid traffic stop, the officer is justified in conducting a frisk of the person for weapons if the officer reasonably suspects that the person stopped is armed and dangerous. (Roberts,…

    • 542 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Dollree Mapp Case Study
    • 346 Words
    • 2 Pages

    Dollree Mapp Case Study

    The court stated that the exclusionary rule also applies to states, meaning that states cannot use evidence gained by illegal means to convict someone. Clark argued that the Fourth Amendment strictly implies that the use of evidence obtained in violation of the amendment is unconstitutional. Furthermore this overturned the Wolf ruling, the Supreme Court had found that the Fourth Amendment’s protection against “police incursion into privacy” is incorporate if the right to privacy is incorporated. He also went on explaining the courts rationale based on the connection between the Fourth and the Fourteenth amendment when saying that since the Fourth amendment is a right of privacy and has been declared enforceable through the Fourteenth then it is enforceable against them by the same sanction of exclusion. The court believed that if the right to privacy stated in the Fourth amendment is valid with regard to action by the states they so should be exclusionary…

    • 346 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Broken Tail Light Research Paper
    • 872 Words
    • 4 Pages

    Broken Tail Light Research Paper

    Officer Smith now had reasonable grounds to believe the driver could be armed and dangerous, and it was necessary for the protection of him and others to take swift measures to discover the threat of harm if the driver had a weapon. The law of search and seizure is constantly evolving and its focus remains to be a very difficult balance between protecting the rights of citizens to be free from unreasonable searches and protecting the safety of our police officers. However, Officer Smith unsure if this vehicle had been the vehicle, which had recently been part of a crime, he asked the driver to get out of her car with her hands up and to turn around and face her car with her arms on top of the car. He explained he was going to do a pat down for any weapons she may have on her. After completing, the pat down and no weapons were found so she was asked to get back in the car. At that time officer, Smith requested a copy of her driver’s license and registration. Instead of handing over the information to Officer Smith, the driver took off and fled from the officer. Now this situation involves exigent circumstances which then Officer Smith needed to do what is reasonably necessary. This was now an emergency, which could potentially be dangerous as well as putting others in a serious and imminent dangerous…

    • 872 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Tennesee vs. Garner
    • 819 Words
    • 3 Pages

    Tennesee vs. Garner

    When this encounter took place the officers were acted in line with the Tennessee state statute. Part of the statute stated that "if, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer…

    • 819 Words
    • 3 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Roy Olmstead's 4th Amendment Rights
    • 160 Words
    • 1 Page

    Roy Olmstead's 4th Amendment Rights

    Roy Olmstead was accused of importing and possessing illegal liquors back in 1927. He was later proved guilty by wiretaps installed in his basement. Olmstead tried saying that his 4th and 5th amendment were violated, but in conclusion his 4th amendment rights were not infringed because mere wiretapping does not qualify under a search or seizure. To be searched means that they would physically have to be there searching for something without a warrant that is. They are allowed to do so with a warrant. The vote behind his rights were 5-4 not in his favor. So he was later detained and arrested by the police. In this court case the officials learned a lot about how they should think, they decided that they should not back down in that sort of situation…

    • 160 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    virginia v morre
    • 1241 Words
    • 5 Pages

    virginia v morre

    The day was February 20,2003, in the city of Portsmouth where two Portsmouth police officers had pulled a vehicle over who was driven by David Lee Moore. While listening to police radio they had heard that the man they pulled over who went by the nickname “chubs” was driving on a suspended license. The officer’s soon determined that chubbs was indeed driving on a suspended license. The officers who made the stop arrested chubbs for the misdemeanor of driving on a suspended license. This violation could have lead to chubbs serving a 1-year in jail and a $25,000 fine, according to Va Code Ann 18.2-11. The officers then searched the vehicle in which chubbs was driving. During the search of the vehicle the officers found 16 grams of crack cocaine and $516 in cash. The state law of Virginia states that the officers should have offered Moore a summons rather than arresting him. The statutes of the Fourth Amendment give the officers the right to search if they believe a crime was committed in their presence. The act of driving on a suspended license is not an offense you can be arrested for unlike other misdemeanors.…

    • 1241 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    CJ 101 4th Amendment
    • 476 Words
    • 2 Pages

    CJ 101 4th Amendment

    To understand the impact of Terry v. Ohio, I feel it is important to first review the Fourth Amendment. The Fourth Amendment was established so citizens would not have to suffer unreasonable search and seizures like they did under British Rule. The Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.…

    • 476 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    8th Amendment
    • 1165 Words
    • 5 Pages

    8th Amendment

    The Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme Court has never directly addressed this interpretation problem, because federal law has always guaranteed that privilege in all non-capital cases (Compton's).…

    • 1165 Words
    • 5 Pages
    Powerful Essays
    Read More

Related Topics