Purchase Solution

The Fourth Amendment protections against illegal stops

Not what you're looking for?

Ask Custom Question

You are a sergeant in the patrol division of a local law enforcement agency. A few officers in your department illegally stop and search a car. One of the car passengers had stashed drugs under the seat, and the officers found those in the course of their search. The Chief asks you if you know any way in which to charge the passenger with possession of drugs and to use the drugs as evidence against the passenger.

Purchase this Solution
Solution Summary

This case illustrates how the protections afforded by the Fourth Amendment prevent law enforcement from presenting evidence in court for illegal stops and searches of suspects.

Solution Preview

The importance of the statement that an illegal stop and search was conducted is the first and foremost implication that no explanation can legally justify the department in proceeding further with its prosecution of either the passenger or the driver. To clear up some inconsistencies within the scenario, I must first highlight whether the passenger volunteered for the drugs. In circumstances where two or more people are riding in a vehicle with drugs present, if the other passengers do not claim the drugs and the car or vehicle is registered in the name of the driver ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
Recent Feedback
  • "Thank you however I have two questions: 1.) where in this passage is the actual problem statement? 2.) if you used references can you please provide them? This is great work and I am so grateful. "
  • "Thank you very much"
  • "excellent analysis"
  • "graet job very helpful"
  • "Thank you, excellent and very detailed."
Purchase this Solution
Free BrainMass Quizzes
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!

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

Criminal Defenses Review

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

View More Free Quizzes
Related BrainMass Solutions

  • Procedural and Substantive Protections for Criminals

    The only two protections that don't apply to the states are the protections regarding a right to a grand jury in the Fifth Amendment and protections against excessive bail and fines found in the Eight Amendment because states are able to set bail at rates

  • Excllusionary Rule

    It is not reasonable to assume that criminal cases will be launched against policemen that violate the Fourth Amendment. It is even more unreasonable to assume that departmental action will be taken against police violations of the Fourth Amendment.

  • Searches and Seizures in a Digital World

    Citizens have guaranteed protections that are afforded to them under the Fourth Amendment, and the Amendment is a protection against unlawful search and seizures in which computers are generally protected against law enforcement accessing and viewing

  • Workplace Securtiy

    So, there are some protections in place if gross and negligent police work lead to illegal search and seizure.

  • United States v. Jones, 565 U.S. 2012

    The Fourth Amendment guarantees protections against unreasonable search and seizures, and this case was a clear violation of the Fourth Amendment. United States v. Jones, 565 U.S. 2012

  • determining probable cause

    This breach of the Fourth Amendment is entirely responsible for the large number of questionable cases wherein officers obtain search warrants based on untrustworthy and less than reliable sources at the chagrin of the Fourth Amendment.

  • Constitutional Protections of Privacy

    Even though the fourth amendment provides protection to the rights of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.

  • 5th Amendment

    415110 Assesing the 5th Amendment Identify and explain the protections afforded to the accused under the 5th amendment. Explain when, if ever, a person can be compelled to testify against him/herself.

  • Constitutional Protections in Criminal Investigations

    The solution discusses the constitutional protections in criminal investigations.

View More Related Solutions