The Law Dictionary for Everyone
The meaning of the 4th Amendment comes from unlawful searches and seizures. For example, the 4th Amendment protects people from the unlawful search and seizure by police of their persons, their homes, and their belongings. If an officer violates the 4th Amendment, the victim can sue for wrongful arrest, among other things. To explore this concept, consider the following 4th […]
Read moreFollowing is the case brief for Florida v. Jardines, 569 U.S. 1 (2013) Case Summary of Florida v. Jardines: Police used a drug-sniffing dog on Jardines’ front porch, and the dog alerted to the smell of marijuana. The police then obtained a warrant, found marijuana in the home, and arrested Jardines. At trial, Jardines moved to suppress the marijuana evidence. […]
Read moreFollowing is the case brief for Maryland v. Pringle, 540 U.S. 366 (2003) Case Summary of Maryland v. Pringle: Police officers stopped a car for speeding. Respondent Pringle, who was with two friends, was in front-passenger seat. During a consent search of the car, officers found a roll of cash in the glove compartment and cocaine behind the back-seat armrest. […]
Read moreFollowing is the case brief for Maryland v. Buie, 494 U.S. 325 (1990) Case Summary of Maryland v. Buie: Respondent Buie emerged from his basement while officers were executing an arrest warrant for him in his home. After Buie’s arrest, an officer conducted a protective sweep of the basement and found incriminating evidence in plain view. The plain view evidence […]
Read moreFollowing is the case brief for California v. Acevedo, Supreme Court of the United States, (1991). Case summary for California v. Acevedo: Acevedo was spotted carry a bag out of a house that was under police surveillance. Officers had probable cause to believe the bag, which Acevedo placed in his trunk, contained contraband. Officers then pulled over Acevedo, recovering the […]
Read moreThe term “probable cause” refers to the right that a police officer has to make an arrest, search a person or his property, or obtain a warrant. Probable cause requires that facts and evidence presented in a case are of the type that would lead any reasonable person to believe that the suspect had committed a crime. As an example […]
Read moreFollowing is the case brief for Payton v. New York, United States Supreme Court, (1980) Case summary for Payton v. New York: Theodore Payton and Obie Reddick each had evidence seized from their home absent a warrant. The state trial court introduced the seized evidence and the state supreme court upheld their convictions. Both defendants appealed their convictions to the […]
Read moreFollowing is the case brief for Arizona v. Hicks, United States Supreme Court, (1987) Case summary for Arizona v. Hicks: Hicks shot a gun through the floor of his apartment and responding officers searched the apartment for the victim, the shooter and weapons. The officers noticed expensive equipment, which they confirmed was stolen after moving the item to retrieve its serial […]
Read moreIssued by a Grand Jury, an indictment is a formal written charge of a crime, informing the accused individual of the charge against him. In most cases, the issuance of an indictment marks the beginning of the trial process. The indictment contains a brief statement of where and when the crime took place, as well as how the accused allegedly […]
Read moreThe exclusionary rule prevents the government from presenting evidence in trial which was gathered in violation of the Fourth Amendment’s protection against illegal search and seizure. A doctrine commonly used in American courts, the exclusionary rule discourages police and other law enforcement agents from obtaining evidence illegally. The court will suppress or ban evidence that was gathered in violation of […]
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