Individual Project Essay Example | Topics and Well Written Essays - 1250 words

Individual Project - Essay Exampleconcerned in the given circumstances is entitled to similar protection against unreasonable searches. It must, however, be established whether the search was unreasonable indoors the meaning of law. Under the United States Constitutions Fourth Amendment... except in certain carefully defined classes of cases, a search of private property without proper consent is unreasonable unless it has been authorized by a reasonable search-warrant.4Courts in the US have upheld searches without a search warrant under the following situations the individual searched consents or the search is trammel and is incident to a lawful arrest or there is presumptive cause to justify a search but the exigent circumstances make it necessary or reasonable to proceed with the search without first obtaining a warrant or the police are in hot pursuit chasing a suspect who attempts to hide from them or the police merely s altitude and romp the person, based on a reasonable belief that the person is armed and presently dangerous.The burden of justifying a search without a warrant lies on the government (Coolidge v. New Hampshire5). In the above situation, the search falls within the ambit of carefully defined classes. First, the person complies with the police officers move to search. Next, since the locality was a racy crime neighborhood, it is reasonable for the police to search the person based on his suspicious movements. Finally, the search was limited and led to a lawful arrest as the person was found possessing illegal substance. Under the US constitutional law, the police cannot justify a search by what it produces nor can an arrest be warrant by the fruit of an illegal search. The legality of the search is based of...The officer reached into the car and touched a bugle in the passengers pocket. He felt a large, hard object, which he believed to be rocks of crack cocaine. He then removed a plastic bag from the pocket. It contained several r ocks of crack cocaine that, together with some other rock found in the passengers clothing, totaled almost 100 grams. The passenger was arrested, but the driver and women rest outside it were not.On a routine patrol, and officer noticed a parked car. Two concourse were inside, and they were in a high crime area a bar that was known for gang activity. In the past, the officer had responded to calls from the bar for everything from murder to public intoxication. The officer testified that he stopped to fit if the individuals were committing a crime, lived in the area, or had some other concern. When the officer pulled behind the car and illuminated the car with his spotlight, he discover the passengers fumbling with something on the floorboard. As the officer was checking for indication, he noticed a bullet on top of the console of the car. The officer had the individual step out of the car to ensure that they did not have whatsoever weapons after frisking them for weapons, the officer looked in the area where he observed the passenger fumbling with something to see if he was hiding a gun.