The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges.
The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home. The State Superior Court
In Commonwealth v. Newman, 429 PA. 441 (1968), on November 16, 1964, at about 11:30 a.m. four detectives went to appellant 's home with a body warrant for appellant and a search warrant for the premises. The complaint for the search warrant recited that the affiant, Detective John McCrory, deposed that there was probable cause to believe that certain books, papers, and other items used for the purpose of a lottery were in the possession of Henderson Newman at or near 721 West Mary Street. They forcefully entered the appellant 's home without announcement or purpose. The court held that, the forcible entry without announcement of purpose violates the Fourth Amendment. The fruits of an illegal search are inadmissible under Mapp v. Ohio,
Title: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.
In 1988, California v. Billy Greenwood and Dyanne Van Houten was about a suspecting of selling and using drugs in Mr. Greenwood house a narcotic officer told the man to bring her the trash bag which Greenwood had placed out the street for pick up, but as the officer search the bags she found drug paraphernalia which was used as evidence to convict Mr. Greenwood but the lower court revoked it because she search the trash bag without a warrant and that was a violation of the fourth amendment. but the trash bags was placed on the street were any child or animal can unseal it so he could not argue about his privacy if it was out in the police for anything or any person to expose the content of the bags but the court stated “ the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public “ this means
1962 marked the beginning of a new era for the South. Baker Vs. Carr, a landmark Supreme Court Case, determined that malappropriated state legislatures were unconstitutional. The Baker Decision resulted in an increase of legislators from urban districts. Rural legislators, who were once in complete control of state capitols, could no longer dominate legislatures in the South.
Since the police officer had a reasonable suspicion that the Respondent was holding drugs, the officer’s search and seizure of the cocaine was reasonable since the search remained within the bounds set forth by Terry v. Ohio. The United States Supreme Court ruled that a police officer’s sense of touch does not incur an invasion of Petitioner’s privacy during a stop and
Gregg v. Georgia Ware, 1 Gregg v. Georgia: Death Penalty Cheyenne Ware Liberty High School 3AB ? Gregg v. Georgia, decided July 2, 1976, was a case that has influenced a lot of cases after it. This is due to the fact it defined it the constitutionality of the death penalty and how extreme of an offence one must commit in order to receive the death penalty, as well as overturning the decision of Furman v. Georgia (Chicago-Kent College of Law, 2015 A) (Cornell University, 2015). In Furman v. Georgia, Furman was in the process of robbing is home when a resident of the home noticed him.
oshua Haas October 6, 2014 Intro to Criminal Justice Miller Vs. Alabama On June 25, 2012 the Supreme Court had rule 5 to 4 that Miller was guilty to committing murder and was sentence to life in prison without the possibility of parole. On that day in June the court had struck down all of the statues that was requires for a child under the age of 18 to be sentenced life in prison.
Almost a decade ago, Antoine Jones was tried, convicted, and given a life sentence for operating a drug trade. Of course, his possession of illegal drugs and involvement in the selling of illegal drugs is enough for his conviction, but Jones argues that the police secured evidence unconstitutionally. When the police first started observing Jones on suspicions of his participation in the drug trade, they fastened a hidden GPS device on his car, in order to track Jones to a so-called “stash house,” although they did not procure a warrant to use the device. The police were able to successfully apprehend Jones based on evidence procured from the GPS. Citing the Fourth Amendment of the US Constitution, Jones took his case to the Supreme Court.
Gregg V Georgia Background of the Case Troy Gregg was found guilty and was charged in 1976, these charges included murder and armed robbery and he was sentenced to death. He murdered Fred Edward Simmons and Bob Durwood Moore. Fred and Bob gave Troy Gregg and another man a ride because Troy appeared to be hitchhiking. Gregg then shot both men and continued to rob them.
According to the Fourth Amendment, people have the right to be secure in their private property, and may only be searched with probable cause. However, in a recent case, this right was violated by the government. An Oregon citizen, with the initials of DLK, was suspected of growing marijuana in his home. The federal government used a thermal imager to scan his home, and were later given a warrant to physically search his home. However, many remain divided over whether or not this scan was constitutional, as there was no warrant at the time of the scan.
The U.S. Supreme Court held that garbage placed at the curbside is not protected by the Fourth Amendment. The warrantless search of Greenwood’s garbage bags would violate the Fourth Amendment only if Greenwood showed a subjective expectation of privacy of the garbage and society accepts it as objectively reasonable. The U.S Supreme Court argued that there was no reasonable expectation of privacy for trash on public streets where animals, children, scavengers, and the public have access to it. Criminal activity that can be seen by any member of the public cannot be reasonably expected to be ignored by the police.
The Fourth Amendment of the Constitution prohibits unlawful searches conducted by the government, suggesting that it is the, “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In the case of Florida v. Jardines, Detective William Pedraja of the Miami-Dade Police Department received an unverified tip that marijuana was being grown the in the home of Jardines. After a mere fifteen-minute surveillance of the home, Detective Douglas Bartlet and his drug-sniffing dog walked up his driveway and onto the porch. The dog discovered the odor of marijuana. Taking what they had gathered at the home, Detective Pedraja applied for a warrant to search the residence and Jardines was
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
The constitutional issue I am analyzing is the violation of the fourth amendment. There have been many cases of people’s fourth amendment rights being violated, some times it is justified and other times it was violated unreasonably. It is very important that our fourth amendment rights are protected and US citizens private lives aren't being infringed upon and unreasonably searched. In the past recent years there have been Supreme court cases that involve the violation of the fourth amendment.
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.