Brandi Manuel module 5 Case Analysis.docx

Brandi Manuel module 5 Case Analysis.docx - Brandi Manuel...

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Brandi Manuel Module 5 Case Analysis Kurt 1. Main issue: Were Kurt’s 14 th and 4 th amendment rights denied? 2. Relevant legal concept from text: The 4 th Amendment prohibits unreasonable search and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate. Procedural due process rules play a major role in criminal cases, placing limits on police investigative techniques, prosecutorial behavior and outlining how criminal trials should be conducted. (p 34) 3. Relevant case law: Draper v. United States The crucial question for us then is whether knowledge of the related facts and circumstances gave Marsh “probable cause” within meaning of the fourth amendment, and “reasonable grounds” … to believe petitioner had committed or was committing a violation of the narcotic laws. (P 280) “Probable cause exists where “the facts and circumstances within …[the arresting officer’s] knowledge and of which they are reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that” an offense has been or is being committed. (p 281) 4. Rational: Officer Vidal abused his power as a police officer when handling this case. Although the defendant did in fact have drugs and drug paraphernalia in his residence Officer Vidal violated the defendants 4 th Amendment rights as he had no probable cause to enter [as he had no legal right to be in there] or search the defendant’s residence. But the most disturbing issue in this case is the acquisition of a warrant for the defendants’ arrest. The defendant had not
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