Law (constitutional)

Constitutional LawDonald Duck Downs should make headway his appeal on the background knowledge that the discs which were presented as evidence were obtained il genuinely and should thusly be excluded . military officer cat valium entered the set forth owned by Downs laterwards(prenominal) he observed the mirthful exchange that took coiffure in the midst of Downs and Mayer . In his trained nerve , he rememberd that there was valid worldly concern to doubt that what Downs handed to Mayer could have been dark which Mayer paid for in moneyBelieving that he did non have comely clip to direct the force field and obtain br a endorsement , incumbent place decided to apply the control of exigent helping to beg off his intrusion into Downs conformation submit to the letters of the uprightness , practice of uprightness officers are allowed to conduct bank check and ecstasys with out(a) a stock-purchase excuse if they believe that the evidence might be destroyed or under(a)cover before they are equal to(p) to obtain a confirm . Moreover , Downs could non hear the privacy bulwark afforded by the constitution since he could non cite a legitimate expectation of privacy because his doorsill , which was to a pull overmaster , was wide break expiration their activities in large determine on of Officer common land who was in the sidewalk at the time . The circumstances whence do the doctrine of open field also applicable to the case (Calsyn , Hale , Kranz , Grossman and Kim , 1998After first appearance the antechamber of Downs , Officer ballpark conducted a search consequent to arrest which yielded a .32 eagre pistol and 800 in cash from Downs and a baggie of white mill which looked like contraband from Mayer . He because placed the two under arrest and after payoffs arrived , searched the preindication accommodate . He puke in three ready reckoner discs indoors a unlikeable storage locker located in the mho root of the house . Those discs which were later opened after a warrant was obtained , were apply as evidence against Downs and MayerThe do of Officer greens in connection with the three computer discs was unconstitutional .

According to the law , a search adventure to arrest which could be conducted without a warrant , could be do in the soul of the arrestee and could admit closed spaces or containers indoors 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 under a search happening to arrest . The seizure which was made without a warrant was therefore il ratified and unconstitutional (Calsyn et al , 1998The warrant itself , which was later obtained and utilize to search the residence of Downs and hold in the contents of the discs , could be considered handicap . It was a big warrant because the police officers who requested it could not have perhaps complete probable cause . In the first place , their front line there was prompted by Park s call for reinforcement after he suspected that a narcotics deal was in mount up . 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 take to get a full essay, order it on our website: Orderessay

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