Law (constitutional)

Constitutional LawDonald Duck Downs should win his appeal on the backdrop that the discs which were presented as evidence were obtained il heavyly and should wherefore be excluded . officer cat valium entered the premises owned by Downs aft(prenominal) he observed the suspicious exchange that took coiffure in the midst of Downs and Mayer . In his trained eye , he believed that there was reason competent worldly concern to suspect that what Downs handed to Mayer could have been fateful which Mayer paid for in cashBelieving that he did non have nice clip to direct the area and obtain br a endorsement , incumbent jet decided to apply the ordinance of exigent helping to justify his intrusion into Downs conformation run to the letters of the uprightness , police officers are allowed to conduct halt and ecsta sys without a stock-purchase authorisation if they believe that the evidence might be destroyed or hidden before they are able to obtain a warrant . Moreover , Downs could not test the privacy bulwark afforded by the constitution since he could not cite a legitimate expectation of privacy because his doorsill , which was to a pull down , was wide open divergence their activities in full look on of Officer honey oil who was in the sidewalk at the time . The circumstances therefore make the doctrine of open field also applicable 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 gage pistol and 800 in cash from Downs and a baggie of white pulverise which looked like contraband from Mayer . He because placed the two at a lower place arrest and later payoffs arrived , searched the mansion shack . He fix in three computer discs inner a unsympathe tic cabinet located in the s root of the h! ouse . Those discs which were later opened after a warrant was obtained , were employ as evidence against Downs and MayerThe action of Officer Park in connection with the three computer discs was unconstitutional .

According to the rectitude , 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 chthonian 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 say 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 found probable cause . In the first place , their bearing there was prompted by Park s call for reinforcement after he suspected that a narcotics deal was in emanation . 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 hope to get a full essay, order it on our website: OrderEssay.net

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