Petitioner Vs Jardines Research Paper
Ashley Giamattei
October 11, 2013
POL 250- Smith
Florida, Petitioner v. Joelis Jardines
In this paper I’m going to detail the judicial process of a Supreme Court case, which was the first of its kind. The Supreme Court did not have original jurisdiction over this case. It traveled through each juridical system before reaching the Supreme Court. This case was of interest to them, not to question it the defendant was guilty, but were his constitutional rights violated in the process of prosecuting him. This case began with an anonymous tip that the defendant was growing illegal contraband at his home. The DEA assigned Detective Padraja and Detective Bartelt to sit on the home. After making the decision that no one was home the …show more content…
Jardines 11-564) he requested that the evidence found on his property be inadmissible to court (Florida v. Jardines 2013). His reasoning for this was, according to the constitution, his Fourth Amendment rights were violated by conducting an illegal search on to his property. The dog used gave the alert of narcotics without having obtained a warrant prior to the “search.” Fourth Amendment says, “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” (U.S. Constitution). The Discretionary Court ruled that the plants be inadmissible, in favor of Jardines. This did not sit well with the prosecution, since the plants were their case so they filled an appeal. This was filled with the Florida Third District Court of Appeals (Florida v. Jardines, 2013). They decided to overturn the Discretionary Courts decision. Using the method writ of certiorari, Jardines filed a petition for discretionary review, which is how this case made it to the Supreme Court (Florida v. Jardines,
October 11, 2013
POL 250- Smith
Florida, Petitioner v. Joelis Jardines
In this paper I’m going to detail the judicial process of a Supreme Court case, which was the first of its kind. The Supreme Court did not have original jurisdiction over this case. It traveled through each juridical system before reaching the Supreme Court. This case was of interest to them, not to question it the defendant was guilty, but were his constitutional rights violated in the process of prosecuting him. This case began with an anonymous tip that the defendant was growing illegal contraband at his home. The DEA assigned Detective Padraja and Detective Bartelt to sit on the home. After making the decision that no one was home the …show more content…
Jardines 11-564) he requested that the evidence found on his property be inadmissible to court (Florida v. Jardines 2013). His reasoning for this was, according to the constitution, his Fourth Amendment rights were violated by conducting an illegal search on to his property. The dog used gave the alert of narcotics without having obtained a warrant prior to the “search.” Fourth Amendment says, “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” (U.S. Constitution). The Discretionary Court ruled that the plants be inadmissible, in favor of Jardines. This did not sit well with the prosecution, since the plants were their case so they filled an appeal. This was filled with the Florida Third District Court of Appeals (Florida v. Jardines, 2013). They decided to overturn the Discretionary Courts decision. Using the method writ of certiorari, Jardines filed a petition for discretionary review, which is how this case made it to the Supreme Court (Florida v. Jardines,