Fourth Amendment of the United Thesis

Open, View, and/or
Download this Document

Total Length: 852 words ( 3 double-spaced pages)

Total Sources: 3

Page 1 of 3

" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment was held to apply to state proceedings. This directly overturned the ruling in Wolf v. Colorado, which stated explicitly that the Fourteenth Amendment did not disallow illegally obtained evidence from being used in a state trial.

United States v. Robinson

414 U.S. 218 (1973)

Facts: Mr. Robinson was arrested for driving without a license by an officer who was made previously aware of the fact that Mr. Robinson's license had been suspended. During the post-arrest search, a packet of heroin was found on Mr. Robinson's person; he was convicted of possession.

Issue: Was there enough probable cause for the search, or was it unwarranted and therefore unreasonable?

Holding: The search was deemed valid and the conviction upheld.

Reasoning: As the search was conducted as part of standard police procedure following an arrest, especially for observed criminal activity, the issue of probable cause did not apply to the search's reasonability. The search was not abusive or extreme, and extended only to the defendant's person, and was therefore within the scope of vested police authority.

Stuck Writing Your "Fourth Amendment of the United" Thesis?

View All Our Example Fourth Amendment of the United Thesis

Have A Custom Example Essay Written



Florida v. Wells

495 U.S. 1 (1990)

Facts: Mr. Wells was arrested for driving while intoxicated, and consented to the opening of the trunk of his car while it was being impounded. In addition to two marijuana cigarette butts in the ashtray of the car, a locked suitcase was found in the trunk. The trunk was forced open and found to contain a large amount of marijuana, for which Wells was convicted of possession.

Issue: Despite having Wells' consent to open the trunk of the car, did Florida State Highway patrol have enough probable cause to force open any container found therein?

Holding: The search was deemed unconstitutional and the conviction overturned.

Reasoning: No probable cause was found to exist, and as there was no precedent for such a search by Florida authorities existed the search was deemed invalid, though the court allowed for the establishment of procedural rules by law enforcement agencies that could make a similar search legal in future cases, with some dissent on this issue......

Show More ⇣

     Open the full completed essay and source list


OR

     Order a one-of-a-kind custom essay on this topic


sample essay writing service

Cite This Resource:

Latest APA Format (6th edition)

Copy Reference
"Fourth Amendment Of The United" (2009, October 05) Retrieved May 15, 2024, from
https://www.aceyourpaper.com/essays/fourth-amendment-united-18887

Latest MLA Format (8th edition)

Copy Reference
"Fourth Amendment Of The United" 05 October 2009. Web.15 May. 2024. <
https://www.aceyourpaper.com/essays/fourth-amendment-united-18887>

Latest Chicago Format (16th edition)

Copy Reference
"Fourth Amendment Of The United", 05 October 2009, Accessed.15 May. 2024,
https://www.aceyourpaper.com/essays/fourth-amendment-united-18887
   

Open, View, and/or
Download this Document
order custom essay example