Preview

Ybarra V. Illinois Case Study

Good Essays
Open Document
Open Document
1358 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ybarra V. Illinois Case Study
August 7, 1999, a car occupied by three men, Donte Partlow (driver and owner of vehicle) respondent Pringle (front seat passenger), and Otis Smith in the backseat, was stopped for speeding by a police officer. When the officer requested Partlow’s license and registration the defendant opened the glove compartment exposing a large amount of money, which turned out to be $763. The officer returned to his patrol car to run the license and found nothing, so he issued Partlow a verbal warning. Once the second officer arrived he requested to search the vehicle, which Partlow agreed too. The search exposed $763 in the glove compartment and five glassine Baggies of cocaine behind the backseat armrest. The officers questioned the men about who the owner …show more content…
Illinois, Supra and United States v. Di Re, 332 U.S. 581 (1948). In Ybarra, police officers obtained a warrant to search a tavern and its bartender for evidence of possession of a controlled substance. Not only did the police search the tavern and the bartender but all the patrons that were present as well. This violated the search warrant and violated all the patrons’ constitutional rights. Ybarra was among the patrons searched and on him an officer found a cigarette pack with six tinfoil packets containing heroin. Pringle’s reliance on this case was misplaced because the three men were in a small-enclosed vehicle and not a tavern and no one was singled out to talk but all three men were asked together and all men refused to respond thus resulting in all three men being …show more content…
The Court reasoned that "a reasonable officer could conclude that there was probable cause to believe that Pringle committed the crime of possession of cocaine."
Around 3:20 a.m., on August 7, 1999, a police officer of the Baltimore County Police Department stopped a vehicle for speeding and because the driver was not wearing a seat belt. See Pringle v. State, 805 A. 2d 1016, 1019 (Md. 2002); J. A. 4-5. The driver and owner of the vehicle was Donte Carlos Partlow, there were two others as passengers, Otis Calvin Smith was the back-seat passenger, and the defendant, Joseph Jermaine Pringle, was the front seat passenger. When Partlow opened the glove compartment to get his registration, the officer noticed that it contained a large roll of cash. He said nothing about this but went back to his patrol car to check Partlow's license and registration for outstanding violations. Finding none, the officer returned, and issued Partlow a verbal

You May Also Find These Documents Helpful

  • Satisfactory Essays

    FACTS OF THE CASE: The Appellant, Director of Finance at Toyota Marin Lou Suriyan Sisuphan, took almost $30,000 in order to persuade the termination of Sisuphan’s coworker Ian McClelland by suggesting that McClelland should be held responsible for the lost money. The Appellant did not have the intention to take this money permanently, and returned the money before any charges were filed, but not within the 24 hour amnesty period that the dealership offered. The dealership terminated Sisphan’s employment, and charged Sisuphan with a “felony offense of embezzlement by an employee of property valued in excess of $400 (§§ 487, subd. (a), 508, & 514) and alleging a prior assault conviction (§ 245, subd. (a)(2)) as a sentence enhancement.”JUDICIAL HISTORY: The trial court found Sisuphan…

    • 362 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    A confidential informant entered a suspected drug dealer’s apartment in order to purchase crack cocaine. Once the transaction was completed, the confidential informant signaled an undercover officer who then radioed uniformed police to the suspect’s apartment. Once officers responded to the scene, they approached the door of the apartment and encountered a strong odor of burning marijuana. Officers then announced their presence while knocking on the apartment door. Once the announcement of “police” was made, the officers then heard shuffling noises inside of the apartment that were consistent with the sound of evidence being destroyed. Officers then announced their intent to enter the apartment and then kicked in the door. Once inside the apartment, the officers found drugs and drug paraphernalia in plain view. Inside of the apartment, officers apprehended the respondent, King, and others, who were in possession of drugs.…

    • 396 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…

    • 116 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    On March 7th, 1980, two high school freshman were found smoking in the bathroom at Piscataway High School in Middlesex County, NJ. The students were escorted to the vice principal Mr. Choplick’s office. The defendant, TLO, who was one of the students that were caught smoking denied the accusation. Mr. Choplick inspected TLO’s purse and found a box of cigarettes. Afterward removing the box of cigarettes, he saw a pack of rolling papers. Mr. Choplick suspected that a closer examination of the purse may yield evidence of drug use and that a thorough inspection would be needed. After a thorough search, he found a small amount of marijuana, a pipe, a number of empty plastic bags, a large amount one dollar bills, an index card with a list of who…

    • 150 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…

    • 997 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    R15523, 17425. Rivera now said he was walking on Hickory Street when Holly Staker, who was wearing a sleeveless shirt and a pair of tight shorts, invited him up to the apartment. Rivera said it was dark in the apartment and a little boy and girl were playing inside. Id. At one point, Holly Staker changed the little girl’s diaper. Rivera stated that Holly Staker then changed into a nightgown and tried to seduce him, but he resisted her advances. At this point, the little boy went outside to play. Rivera continued that Holly Staker persisted in her sexual advances and they had intercourse, although he did not think he ejaculated because he was concerned about pregnancy. The sexual activity was interrupted when the little girl cried in the next room, and Rivera decided he did not want to continue. At this point, according to Rivera’s statement, Holly Staker got angry that he refused to continue having sex and brandished a knife, which she began swinging at Rivera. Rivera said he grabbed her arms and started punching her without realizing the knife was cutting her. He did not know how many times he cut her, but it was more than twice. Rivera stated that he washed the knife and his hands near the kitchen sink and ran out the back door of the apartment. He threw the knife, which he had broken into two pieces, to the ground. Rivera said he then went home and burned his clothes in the dumpster behind his house, after which he walked back to Hickory Street and saw the police and the woman for whom Holly Staker was babysitting. R14617-25, 15475-84,…

    • 4813 Words
    • 20 Pages
    Powerful Essays
  • 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
  • Good Essays

    Facts: Defendant was speeding 30 miles over the speed limit in a construction zone. A police officer stopped him, asked for the Defendant’s driver’s license which he produced. The officer ran a computer check which showed that the Def. didn’t have any previous violations. The officer asked the Defendant to step out of the car, turned on his video camera mounted on the officer’s vehicle and verbally warned the defendant for speeding, and then returned his license. After returning his license the officer asked the D whether he had any illegal contraband in his car such as drugs or weapons which he denied. police officer asked…

    • 295 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Chris Finish is a licensed driver who has owned his car for about six months. On the night of his arrest, he picked up Josh Kings at approximately 8:00 p.m. While double parked outside a store 24 police notice an expired inspection sticker on the defendants vehicle. the officer stopped them at approximately 10:30 p.m. After questions them for a bit the officer notices a handgun under the passenger seat. Both men denied any knowledge of the gun. The defendants lawyer moved for a directed verdict, The motion was denied, Chris is now appealing his conviction. John Kings has not been seen sense the night of the arrest.…

    • 1086 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Terry V. Ohio Case Brief

    • 581 Words
    • 3 Pages

    Constitution, protecting them against unreasonable search and seizures. The court rejected the defenses opinion, in that the weapons were seized due to a lawful search incident to arrest. The motion to suppress was denied because the court found that the officer had cause to believe the men were acting suspiciously, the seizer and question was warranted and the officers own right to safety had the right the pat down the suspects’ outer clothing, believing that the suspects may be…

    • 581 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Dc Vs Blake Case Essay

    • 1001 Words
    • 5 Pages

    Carter. Carter and Johns, the defendants in this case, were convicted at the state level of conspiracy to commit a controlled substance crime in the first degree. The defendants were temporary guests in Thompsons home. An officer witnessed the three individuals through a gap in a drawn window blind engaged in illegal activity which appeared to be the bagging of cocaine. The defendants appealed their case, stating that their Fourth Amendment right was violated due to an illegal search and seizure. Ultimately, the Supreme Court upheld the original decision based on the grounds that the defendants Fourth Amendment rights only pertained to them in their own dwelling or as an extended guest in another’s dwelling, not merely because they were temporarily…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    In the year 1971, two parents whose names were Jonas Yoder and Wallace Miller who were of the Old Order Amish religion and one parent whose name was Adin Yutzy who was of the member of the Conservative Amish Mennonite Church were accused under a Wisconsin law that stated all students under sixteen should go to school. The Parents all believed it was against their religious beliefs for their children to go to high school and they refused to send their children to school.…

    • 389 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Officer Smith had reasonable suspicion which is based on the totality of the circumstances as understood by those versed in the field of law enforcement; it is commonly described as something more than a hunch but less than probable cause.(quiz law) The answer is yes, Officer Smith did have reasonable suspicion to make the initial stop of the vehicle. Because the taillight appeared to be broken which is a traffic law violation. Also officer Smith remembered a vehicle that matched the general description of the car that he stopped. This car fit the description of the vehicle that was suspected in a recent roadside killing of another police officer.…

    • 715 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Exclusionary Rule

    • 229 Words
    • 1 Page

    The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws. A judge concluded that the affidavit for the search warrant was insufficient; it did not establish the probable cause necessary to issue the warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial.…

    • 229 Words
    • 1 Page
    Good Essays