In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was in error by denying his motion to suppress the evidence. He argued that he had been unlawfully “seized” because being a passenger in a vehicle does not automatically constitute “seizure.” He furthered argued that even if he had been “seized,” that by the time Officer Trevizo searched him he was no longer “seized” as their conversation had become consensual. Furthermore, the evidence should not be considered because the search violated his Fourth Amendment rights and because the…
On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp,so the police went to her home and she refused their entrance without a warrant, several hours later the police arrive in numbers and force their way in, when asked about their warrant an officer flashed Mapp a piece paper then arrested her before she could read it. The police did. It find the terror suspect but did find a chest containing pornographic materials and pictures which are in violation of an Ohio law of possession of obscene materials, at the trial the warrant was never presented to Mapp or her lawyer and Mapp was found guilty upon charges. They then took the case to the Ohio Supreme Court and claimed the eve deuce was taken illegally and that illegal evidence shouldn't be able to be used in court, the verdict was that the officers took it from the trunk peacefully so it was legal, then Mapp took the case to the Supreme Court claiming that her rights granted to her by the 4th amendment had been violated.…
When Mapp’s conviction was upheld in an Ohio court, Mapp took her case to the Supreme Court of the United States, who in essence had to decide if evidence brought forward to the court that was obtained in violation of the 4th amendment could be acceptable in state…
An en banc decision reinstated Moore’s conviction. This group of judges held that although his arrest violated Virginia’s arrest statutes, exclusion of evidence was not the remedy because the Fourth Amendment’s requirement for probable cause was satisfied. Moore appealed to Virginia’s Supreme Court after this. The Supreme Court overturned the conviction on the grounds of the arrest was unlawful and there was no right to search Moore. There were several other cases that were used and helped Moore. Two of them that the court used were Knowles v. Iowa and United States…
The most famous case in U.S. history is the Terry v. Ohio . The Terry v. Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find, not acknowledging the rights of the people. The courts decision was 8-1, meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case, police are now demanded to search a suspect on reasonable suspicion.…
In Document A, it contained precedent cases related towards DLK’s case. The first precedent case was Carroll v. United States (1925). Carroll had been suspected to have sold liquor and was caught driving on the highway. The federal agents pulled him over and saw that there was liquor in his car, so they arrested him. He had argued that they had needed a warrant in order to search his vehicle, but the Supreme Court said that it was valid. The reason why it was valid was because of the statement Chief Justice William Howard Taft said, which was, “.. the guaranty of…
The second of the Supreme Court Cases to be discussed is Miranda V. Arizona. The importance of this case is that Miranda was interrogated without knowledge of his 5th amendment rights. In this specific case, the police arrested Miranda from his home in order to take him into investigation at the Phoenix police station. While Miranda was put on trial, he was not informed that he had a right to an attorney. From this the officers were able to retrieve a signed written statement from Miranda. Most importantly, this letter stated that Miranda had full knowledge of his legal rights. From the evidence found, Miranda was sentenced to prison for 20 to 30 years. From here the Supreme Court stated that, “...Miranda's constitutional rights were not violated in obtaining the confession…” (Miranda V Arizona).…
Mapp v. Ohio is an important case that made history. For the reason it has to do the Fourth and Fourteenth Amendment. All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U. S. 25, overruled insofar as it holds to the contrary. Pp. 367 U. S. 643-660.…
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” Mapp V. Ohio (1961) dealt with that very sentence of the constitution. Were the officers at fault or Mapp? This complex question has a complex answer one that puzzled the Supreme Court and led to a change in criminal procedure. The verdict was a strict interpretation of the constitution. The fourth amendment was relevant because the fourteenth amendment grunted due process. It was a very good decision, it protected the black minority who at the time were being routinely harassed and convicted for no reasons. This decision certainly did not stop that but it made it harder…
To protect the American peoples 4th Amendment right “against unreasonable searches and seizures” from law enforcement using illegally seized evidence in a criminal trial against them, the exclusionary rule was created. The U.S. Supreme Court deemed any evidence illegally obtained inadmissible in a criminal trial, and any other evidence obtained during an illegal search and seizure inadmissible as well. This is known as the fruit of the poisonous tree doctrine.…
Explain the two-fold requirement discussed in Katz v. United States, for analyzing when a search occurs under the 4th Amendment.…
Charles Katz v. United States 1967 is a United States Supreme Court case that examined the nature of illegal search and seizure and the right to privacy. This case was argued on October 17, 1967 until its decision date of December 18, 1967. The case was argued under some pretty influential justices; those that include Chief Justice Earl Warren and Thurgood “Mr. Civil Rights” Marshall although he did not vote. This case overturned the previous ruling of Olmstead v. United States back in 1927. This case set a very high precedent in the realms of privacy and immaterial intrusion with technology as a search because phone calls and private phones were becoming part of everyday life. Now the facts of the case are very laid out and clear. Charles…
Alonzo and Jake pulled over a vehicle after viewing them buy drugs for recreational use. They used violent confrontation and intimidation towards the suspects and citizens, along while they seized they drugs. It triggered the citizens constitutional right but because the drugs were not in plain sight, nor did…
In the court case of Katz v. United States. Charles Katz, was charged with conducting illegal gambling operations across state lines in violation of federal law. In order to collect evidence against Katz, federal agents placed a warrantless wiretap on the public phone booth that he used to conduct these operations. The agents listened only to Katz's conversations, and only to the parts of his conversations dealing with illegal gambling transactions, wiretapping a public phone booth is in violation of the fourth amendment the Supreme Court stated that “4th Amendment protects the people and not certain areas against search and seizure”. Without this amendment people would have no claim over their personal privacy, or security. Any officer could enter homes and take any evidence that could be used to make an arrest or that could be used for prosecution in court.…
The 4th Amendment is extremely important to our country. This amendment in the United States Constitution provides the right for people to be secure in their own person, paper, and home, protects against unreasonable search and seizures, and states that no warrant will be issued without probable cause. 4th Amendment laws are more strict than any other amendment, and leaves absolutely no wiggle room to allow changes. Despite these strict laws being in place the government is at war with Apple because Apple encrypts everything to make a very good security, and they say allowing the government into people's phones would be against the 4th Amendment. 4th Amendment laws are very important, and should be followed closely. The 4th Amendment helps…