Preview

Utah Vs. Strieff Analysis

Good Essays
Open Document
Open Document
890 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Utah Vs. Strieff Analysis
Utah Vs. Strieff
In June 2016 the ruling of Utah Vs. Strieff impacted the fourth amendment and the United States. In the case, a detective named Douglas Fackrell gets a tip that a resident in Salt Lake City, Utah has been suspected of drug deals. He observed the area and after a while he speculated drug deals were taking place. Fackrell sees Strieff leaving the residence, and stops him for questioning. During the questioning, Fackrell discovered there is an outstanding warrant for Strieff and arrest him. While searching strieff lawfully, he finds methamphetamine and a drug pipe on Strieff. The case was sent to the district court, who ruled that, although Fackrell did not have enough evidence to conduct an investigatory stop, the methamphetamine and drug paraphernalia obtained during the lawful search incident to arrest justified the admission of that evidence for trial. The Utah Court of Appeals affirmed the district court’s ruling, but the Utah Supreme Court reversed and
…show more content…
The ruling allows a limitation to be placed upon the exclusionary rule (the rule that allows evidence obtained by the government in violations of a person’s right cannot be used against them in court). It allows police to stop citizens without any reason or motive, ask for identification, look them up and see if they have a warrant. If so arrest them, and if they have something illegal of any kind, it can be used against them. Resulting in them being convicted of not one, but two crimes. In additional, it can result in criminal charges over something so little as a parking ticket. Also, if the person does not have an arrest warrant it would not matter, the officer would get away with violating the fourth amendment. However, it can help reduce illegal activities on the

You May Also Find These Documents Helpful

  • Good Essays

    Impact of the Decision: The decision of this case has an impact on security searches under the fourth amendment. Because so many terrorists’ attacks have been targeted at large sporting events, the security level is…

    • 498 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    At the trial, Tate moved to suppress evidence obtained during the investigation. As he did this, he noticed that when Officer Benda parked behind Tate, it was an unlawful seizure according to the fourth amendment. The court concluded that he was seized with reason to believe Tate was under the influence. This caused the conclusions to be reversed and was therefore inadmissible at trail. This case was moved to the district court and this court concluded that a person could not be seized within the meaning of the fourth amendment if he is unaware of the police presence. The court also concluded that Officer Benda had reasonable suspicion to arrest Tate, thus reversing the conclusions and was therefore inadmissible at…

    • 448 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In the case US v. Calandra (1974), Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury, was what was being question about this case. Calandra felt like because of the exclusionary rule unde0r the fourth amendment he didn’t have to answer but he was wrong. The supreme court held that the exclusionary rule was only applicable in criminal courts and was not meant to be seen as a right but as a way to reduce unreasonable searches and seizures conducted by police ("Oyez: US v. Calandra," n.d.).…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Essay Arizona vs. Grant

    • 356 Words
    • 2 Pages

    The case Arizona vs. Grant occured because an event that happened on August 25, 1999 involving two police officers, and a suspect who was believed to be involved in narcotics activity. The officers first visit to the house where the suspect lived was followed by a second visit later that night because he wasnt there at the initial visit. After their first visit they ran a background check and found causes for the arrest of the subject, Rodney Grant. Upon the second return the subject Rodney Grant was apprehended after pulling into his driveway and walking about ten feet towards the officers. After they placed him in the police vehicle, they searched the suspects car, which was the cause of the Arizona vs Grant case, because of a debate on evidence pulled from the car without reasonable reasons to search it. Although there was cocaine and a weapons in the car, the officers didnt have reasons to prove why the searched it after the suspect had already been apprehended and put into the police vehicle. It is because of this that led to questioning of why the car was searched because Grant was not in the nearby vicinity of the vehicle and therefore no harm to the officers unless he had a weapons in his immediate possession.…

    • 356 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    4rth Amendment

    • 6813 Words
    • 28 Pages

    The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…

    • 6813 Words
    • 28 Pages
    Powerful Essays
  • Good Essays

    Dollree Mapp Case Study

    • 346 Words
    • 2 Pages

    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
  • Powerful Essays

    Mapp V. Ohio Case Study

    • 1111 Words
    • 5 Pages

    Justice Black also believes the command that no unreasonable searches or seizures be allowed is too little to infer such a large decision. With these differences aside Justice Black feels that along with previous court decisions that the "Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary…

    • 1111 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Would one feel safe in their neighborhood knowing that guilty criminals are being let free every second? The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail. There are many exclusions to the rule, which brings up the question of why the rule should even be carried out in the first place. Since the exclusionary rule is not stated in the constitution alternatives and changes can be made to the rule. A controversial topic always has people on both the pro and con side. Arguments against the rule convince many citizens that the exclusionary rule has little impact in the judicial world.…

    • 490 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006), in a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. This paper will provide a statement of the decision, based on current law, research and issues that the writer has determined the Court should make including an analysis of the constitutional principles, Court precedents, facts of the case, and other relevant information.…

    • 1691 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    A major case that helped further clarify the exclusionary rule in the justice system was the Davis v. The United States. The case regarded the admissibility of evidence obtained through unconstitutional searches and seizures derived from the fourth amendment. The implications for law enforcement and prosecution were also clarified by the exclusionary rule during the trial. Case Background Willie Davis was stopped by officers at a routine vehicle stop where he was asked for his name and decided to give a false name. Once the officers saw that Davis had given them a false name, he was arrested, and officers decided to search his vehicle.…

    • 528 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the words of Malcolm Wilkey, “few people have considered the enormous social cost of the exclusionary rule, and fewer still have thought about possible alternatives to the rule.(Wilkey, 2016)” This article will address these issues. This article also brings up the opinion of several other scholars majorly though of one man by the name of Kamisar's who wrote Is the exclusionary rule an 'illogical' or 'unnatural' interpretation of the Fourth Amendment? This article will likewise touch base in other countries and compare it back to the United States. Through this, it was possible to determine that indeed other countries exemption of the exclusionary rule seems to work better than our use of the exclusionary rule.…

    • 715 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    This is an extremely early case dealing with search and seizure, if not one of the first cases, in which the individuals being searched stood up for themselves because they felt the actions taken against them were unjust. However, since these cases are dated so far back in history it is hard to understand whether our founder fathers could have foreseen any problems with the amendment in the future, and everything that applies under the fourth amendment today. At the end of the eighteenth century this was dealing with pamphlets that the king did not like and tried to extinguish through tearing apart the “offender’s” homes. Is it possible however that even this amendment that was ratified at the end of 1791 can still be completely relevant in our modern society, or does this amendment need a face lift?…

    • 1527 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Stop and Frisk

    • 1557 Words
    • 5 Pages

    The Supreme Court rejected the defendants' arguments. The Court noted that stops and frisks are considerably less intrusive than full-blown arrests and searches. It also observed that the interests in crime prevention and in police safety require that the police have some leeway to act before full probable cause has developed. The Fourth Amendment's reasonableness requirement is sufficiently flexible to permit an officer to investigate the situation. The "sole justification" for a frisk, said the Court, is the "protection of the police officer and others nearby." Because of this narrow scope, a frisk must be "reasonably designed to discover guns,…

    • 1557 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    In an effort to maximize an individuals rights during search and seizures along with stop-and-frisks, the United States government has developed numerous laws and amendments. The Fourth Amendment states, The right of 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 (U.S. Constitution). This amendment was first used in the court system in the case of Terry vs. Ohio (1968). This case was the case that shaped the stop-and-frisk laws that are found in our country today. In 1942 legislators started to authorize stops-and-frisks on less than probable cause under the Uniform Arrest Act. This act gave an officer the right stop a person in public based upon reasonable ground to suspect that the person is committing has committed, or is about to commit a crime, and then search him for a dangerous weapon if the officer has reasonable ground to believe that he is in danger (Whitebread, 2000). In 1968 the Supreme Court addressed the issue in terry v. ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889. In Terry an experienced plainclothes officer observed three men acting suspiciously; they were walking back and forth on a street and peering into a particular store window. The officer concluded that the men were preparing to rob a nearby store and approached them. He identified himself as a police officer and asked for their names. Unsatisfied with their responses, he then subjected one of the men to a frisk, which produced a gun for which the suspect…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn't fair to the everyday citizen.…

    • 548 Words
    • 3 Pages
    Good Essays