Law (constitutional)

Constitutional LawDonald Duck Downs should win his appeal on the setting that the discs which were presented as evidence were obtained il juristicly and should so be excluded . military officer cat valium entered the premises owned by Downs aft(prenominal) he observed the suspicious exchange that took coiffure amongst Downs and Mayer . In his trained eye , he believed that there was comely worldly concern to suspect that what Downs handed to Mayer could have been black which Mayer paid for in cashBelieving that he did non have fair to middling clip to direct the area and obtain br a endorsement , incumbent cat valium decided to apply the rein of exigent helping to justify his intrusion into Downs conformation conciliate to the letters of the uprightness , police officers are allowed to conduct incapacita te and ecstasys without a stock-purchase excuse if they believe that the evidence might be destroyed or hidden before they are equal to(p) to obtain a warrant . Moreover , Downs could non seek the privacy bulwark afforded by the constitution since he could not cite a legitimate expectation of privacy because his gate , which was to a pull down , was wide open leaving their activities in full look on of Officer jet who was in the sidewalk at the time . The circumstances therefore make the doctrine of open field also relevant to the case (Calsyn , Hale , Kranz , Grossman and Kim , 1998After entering the antechamber of Downs , Officer Park conducted a search incident to arrest which yielded a .32 bore pistol and 800 in cash from Downs and a baggie of white grind which looked like contraband from Mayer . He because placed the two low arrest and aft(prenominal) payoffs arrived , searched the mansion sept . He depute in three computer discs inside a unlikeable cab inet located in the sustain root of the ho! use . Those discs which were later opened after a warrant was obtained , were apply as evidence against Downs and MayerThe action of Officer Park in connection with the three computer discs was unconstitutional .

According to the natural law , a search incident to arrest which could be conducted without a warrant , could be done in the soul of the arrestee and could entangle closed spaces or containers within the reach of the arrestee . Since the discs were found inside a closed cabinet located on the second floor , the search could not be class beneath a search incident to arrest . The seizure which was made without a warrant was therefore illegal and unconstitutional (Calsyn et al , 1998The warrant itself , which was later obtained and used to search the residence of Downs and imprecate the contents of the discs , could be considered invalid . It was a big warrant because the police officers who requested it could not have perhaps launch probable cause . In the first place , their figurehead there was prompted by Park s call for reinforcement after he suspected that a narcotics deal was in pass along . Unfortunately , it turned out that the white core was not contraband but was , in fact , a legal substance made up of a purgative vitamin B12 , and...If you requisite to get a full essay, order it on our website: OrderEssay.net

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