LS305-01 Constitutional Law Unit 5 assignment

Pending forfeiture proceedings the car had been

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a warrantless search of his car a week after his arrest. Pending forfeiture proceedings, the car had been impounded "as evidence" pursuant to a statutory provision for the seizure and forfeiture of vehicles used in violation of the narcotics laws. The state appellate court, in a decision which the Supreme Court declined to review, held the search and seizure unconstitutional under Preston v. United States , 376 U. S. 364, but held the evidentiary error harmless under the State Constitution's harmless error provision. Held: Under the circumstances of this case, the police did not violate the Fourth Amendment by making a search, closely related to the reason petitioner was arrested, of a car which they validly held for use as evidence in a forfeiture proceeding. Preston , supra, distinguished. Pp. 386 U. S. 59-62. 234 Cal.App.2d 587, 44 Cal.Rptr. 483, affirmed. Another instance when a search warrant is not required for a valid search is when an illegal item is in plain sight (as when an officer looks through a window of a car, and sees contraband); in the appeal case of State v. Gantt , No. WD 60165.(2002), Gantt asserts that Skinrood's search and seizure violated his constitutional rights, “in that [Gantt's] person was searched without a warrant and without probable cause in a search which exceeded the scope of a permissible ‘stop and
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LS305-01 Constitutional Law Unit 5 assignment frisk’ search as permitted by the Terry2 doctrine.” In considering Gantt's point, our review of the circuit court's denial of his motion and admission of the seized drugs into evidence is limited to whether substantial evidence, considered in a light most favorable to the circuit court's ruling, supported the circuit court's decisions. State v. Rousan , 961 S.W.2d 831, 845 (Mo. banc 1998), cert. denied, 524 U.S. 961, 118 S.Ct. 2387, 141 L.Ed.2d 753 (1998). Our review of issues of law is de novo. Id. Skinrood conducted his search without a warrant, and warrantless searches are presumptively invalid. State v. Galazin , 58 S.W.3d 500, 505 (Mo. banc 2001). To satisfy the Fourth Amendment, the state must establish that the search fit within one of the exceptions to the probable cause and warrant requirements. Among these exceptions are investigatory detentions, Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), and seizure of items in plain view, Coolidge v. New Hampshire , 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971).
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  • Fall '12
  • Supreme Court of the United States, First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Constitutional Law Unit, LS305-01 Constitutional Law

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