Purchase Solution

problems with evidence

Not what you're looking for?

Ask Custom Question

The latest development in investigating driving while intoxicated is the Passive Alcohol Sensor (PAS). This flashlight with a built-in breathalyzer enables an officer to analyze a driver's breath without the driver's participation or consent.

1. Does use of this device, which could be called a "sense -enhancing" device because it enables an officer to sense something not otherwise possible without the device, constitute a search under United States v. Kyllo? WHY OR WHY NOT?

Purchase this Solution
Solution Summary

A passive alcohol sensor is discussed in cojunction with evidence issues.

Solution Preview

Hello!
Let's begin with some background on the Kyollo case. As you may already know, this case made it all the way to the US Supreme Court. It involved government agents who suspected that marijuana was being grown in Kyollo's home. Indoor marijuana growth requires high-intensity lamps. In order to determine whether an amount of heat was emanating from petitioner's home consistent with the use of such lamps, agents used a piece of equipment called the Agema Thermovision 210 thermal imager to scan the building. The scan showed that the roof over the garage and a side wall of petitioner's home were relatively hot compared to the rest of the home and substantially warmer than neighboring homes. Agents concluded that ...

Purchase this Solution
Free BrainMass Quizzes
Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Title VII Laws

Learn the basics of the laws under Title VII.

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Evidence

Do you know your evidence objections? Find out with this quiz!

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

View More Free Quizzes
Related BrainMass Solutions

  • Using a research based approach to resolving problems

    Nurses who work together in a medical facility or a practice setting are expected to collaborate with other types of nurses to demonstrate the positives of a practice that is based on evidence and research in order to resolve problems that come up with

  • objective evidence and cost conventions

    406182 What are the problems with the objective evidence and cost conventions, and how can they be overcome? What are the problems with the objective evidence and cost conventions, and how can they be overcome?

  • Issues on O.J. Simpson case

    This case demonstrates that even with the most formidable evidence produced by the forensics scientists, it may not be enough to convince a jury beyond a reasonable doubt that an accused individual is guilty.

  • Existentialist approach versus an evidence-based treatment

    Think about it - existential therapy is used by clinicians to help their clients resolve issues on the basis that the issues their clients face are based with the client's conflict and problems with the notion of existence like death, freedom and meaning

  • Collecting and Preserving Criminal Evidence

    What problems exist with the use of expert witnesses? Explain.

  • Admissibility of Evidence

    After 1914 the exclusionary rule has applied and the evidence of the gun will be excluded by the court. This solution gives you a detailed discussion on problems with legal evidence.

  • Cognitive Behavior Therapies

    These measurements can be linked to the CBT conceptualization of how problems in living occur in the sense that if the patients are shown to change their ways of thinking by acting on what they have learned and collaborating with their therapist they

  • Evidence-Based Practice Proposal Project Presentation

    Then, please name two ways in which I can continue to integrate evidence into my practice and encourage it within my work environment. What problems or impediments do you foresee in being able to follow my EBP action plan?

  • Probability and Statistical Methods

    Problems are not to be resolved with statistic software.

  • Sarbanes-Oxley

    383142 Sarbanes-Oxley: Defendants destroyed evidence escape conviction How did Sarbanes-Oxley address one of the problems that Congress was concerned about.

View More Related Solutions