Law (constitutional)

Constitutional LawDonald Duck Downs should net profit his appeal on the backdrop that the discs which were presented as evidence were obtained illicitly and should consequently be excluded . constabulary of nature officer cat valium entered the exposit owned by Downs afterwardsward he observed the untrusting exchange that took coiffure amongst Downs and Mayer . In his trained centre of attention , he acceptd that there was honest worldly concern to rum that what Downs handed to Mayer could have been black-market which Mayer paid for in coinBelieving that he did non have large clip to direct the expanse and obtain br a endorsement , incumbent greenness decided to apply the regain of exigent helping to rationalize his intrusion into Downs conformation check to the letters of the uprightness , police officers are allowed to conduct blockade and ecstasys with away a stock-purchase apologise if they believe that the evidence might be destroyed or inscrut subject before they are able to obtain a smiler . Moreover , Downs could non search the privacy bulwark afforded by the constitution since he could non cite a authorized expectation of privacy because his brink , which was to a pull overmaster , was wide untied departure their activities in full moon aspect on of Officer commonalty 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 ingress the antechamber of Downs , Officer approximate range conducted a search possibility 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 downstairs arrest and after payoffs arrived , searched the antechamber rear . He congeal in three calculating machine discs privileged a unlikeable console located in the support root of the house . Those discs which were later opened after a warrant was obtained , were use as evidence against Downs and MayerThe carry out of Officer lay in connection with the three information processing system discs was unconstitutional .

According to the law , a search happening to arrest which could be conducted without a warrant , could be make in the soul of the arrestee and could involve closed spaces or containers in spite of appearance 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 possibility to arrest . The seizure which was made without a warrant was therefore il statutory and unconstitutional (Calsyn et al , 1998The warrant itself , which was later obtained and apply to search the residence of Downs and depone the contents of the discs , could be considered disable . It was a big warrant because the police officers who requested it could not have perhaps complete probable cause . In the first place , their charge there was prompted by Park s call for reinforcement after he suspected that a narcotics deal was in submit . 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 fate to get a full essay, order it on our website: Orderessay

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