3-26-08 - Criminal Procedure 3/26/08 Illinois v Rodriguez...

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Unformatted text preview: Criminal Procedure 3/26/08 Illinois v Rodriguez Facts Police were called by Fischer because her boyfriend beat her They arrived at Fischer’s mothers house where she made the call Fischer explained that Rodriguez was in a South California apartment which she mention several times as being “ours” Fischer lead police to the apartment and used her key to open the door and gave police consent to go in As the police stepped into the living room the saw containers with cocaine in it They found Rodriguez in his bedroom with more containers of cocaine Fischer was consider an “infrequent visitor” and not on the lease Question Was the search a valid consent search? • Yes Reason Fischer expressed that it was their apartment and even though Fischer did not have valid authority to give consent it was still valid because police believe that it was valid entry at the time As long as the police act reasonably it doesn’t matter if the police were right or not Carroll v US Facts...
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This note was uploaded on 04/03/2008 for the course CRJ 205 taught by Professor Reisner during the Spring '08 term at Rutgers.

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3-26-08 - Criminal Procedure 3/26/08 Illinois v Rodriguez...

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