Constitutional Law

Olivia N. Kitch Constitutional Law CJC-231 Professor Vick March 29, 2012 LEGAL brief FACT PATTERN ISSUE NUMBER ONE Was the one-quarter Amendment protection against T-bones warrent-less front and seizure violated? Yes. Dwellings, for Fourth Amendments single-valued functions, includes perpetual or makeshift residences. Fourth Amendment protection to T-Bone against a warrent-less capture started once he entered the other side of the front door, upon deviation back into his bag. The purpose of requiring a authorization is to protect the sanctity of the home, the Fourth Amendment is non violated if T-Bone had escaped out of the window, and the arrest reckon set up outside of the dwellings presence. References: Kanovitz, (pgs. 252, 253, 248, 191, 221-223, & 143) ISSUE NUMBER 2 Was the strike and Announce fate met according to the Fourth Amendment? No, Knock and Announce requirement at a lower come out the Fourth Amendment would require incumb ent Getem and Officer Easy to roll off knocked and announced their identity and purpose before forcing their bearing into T-Bones home to make an arrest. This compliance protects privacy by adult the occupants an prospect to collect themselves, avoid unnecessary destruction of property, and protects the officers from world wisecrack at in the mistaken belief that they were burglars. Accordingly, the guard essential normally do two things before they buttocks personnel department their way into T-Bones home to make an arrest, stop up the appropriate warrant or warrants and knock and announce their present. On one-third do there would be exceptions to these requirements which includes, consent, a yearning pursuit, and exigent circumstances. However, Officer Getem and Officer Easy would still halt to have the probable cause necessary. This scenario does not fall in either of the in a higher place three categories. References: (Kanovitz, (pgs, 152-156) ISSUE NUMB ER THREE Was the evidence found lawfuln! ess adequatey obtained? And will it be admissible in court? No, it mustiness be known that although...If you want to get a proficient essay, order it on our website: BestEssayCheap.com

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