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Case Brief 8 - the dog alerted to one of the bags They let...

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Christopher Jewell Feb. 2, 2008 CRJ-205 Case Brief 8 I. United States v. Sokolow 490 U.S. 1 (1989) II. History: Sokolow was covicted in U.S. district court for the district of Hawaii of possessing cocaine with intent to distribute. He appealed and the court of appeals reversed and remanded. Certiorari was granted. The U.S. supreme court reversed III. Facts of the case a. Acts by government officials: On July 25 DEA agents approached Sokolow and his companion during a layover in Los Angeles after suspicious activity during previous encounters with the tellers. They grabed the two and pulled them back to the sidewalk when trying to falg a cab. When they got back inside the agent’s narcotics dog niffed their luggage and hit on sokolows shoulder bag. After obtaining a search warrant to search his bag all they found was information about drug trafficking. Next the dog searched through the luggage again and this time
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Unformatted text preview: the dog alerted to one of the bags. They let sokolow go but kept his luggage. After a second dog alerted. They got a warrant and found 1,063 grams of cocaine. b. Objective Basis: Sokolow was in violation of 21 U.S.C. 841(a)(1) IV. Legal Questions: Did the DEA agents have enough reasonable suspicion to search Sokolows luggage a. DEA agents b. Searched through Sokolows luggage twice after gaining the first warrant c. 4 th amendment barring unreasonable search and seizure V. Opinion a. Majority: The court found it out of the ordinary that sokolow paid 2100 dollars in cash, and in that the cash was a roll of 20 dollar bills nearly twice the amount. Based on this information the court felt that this and the other factors were enough reasonable suspicion to conduct the search VI. Judgment: Reversed and remanded...
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  • Spring '08
  • Neilson
  • Supreme Court of the United States, Fourth Amendment to the United States Constitution, DEA agents, Sokolow

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