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Unformatted text preview: evidence of a much more serious crime, the 4 th amendment allows this. Intentionally discriminatory application of laws is the Equal Protection Clause, not the 4 th amendment. Rational: Courts has always held that an officer’s motive does not invalidate objectively justifiable behavior under the 4 th amendment. They cases that was read as a “disapproval of police attempts to use valid bases of action against citizens as pretexts for pursuing other investigatory agendas” was based on lack of probable cause. Holding: The officer had probable cause the defendant violated the traffic code, which allowed him to make the appropriate stop under the 4 th amendment, and the evidence gathered from there is admissible, defendant was convicted. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM. PRO 125 taught by Professor Sobel during the Spring '11 term at California Western School of Law.
- Spring '11