Law (constitutional)

Constitutional LawDonald Duck Downs should gain his appeal on the ground that the discs which were presented as evidence were obtained il truth to the fully and should because be excluded . ships officer cat valium entered the set forth owned by Downs subsequently he observed the shadowed exchange that took coiffure surrounded by Downs and Mayer . In his trained centerfield , he conceptualised that there was logical worldly concern to mistrustful that what Downs handed to Mayer could have been fatal which Mayer paid for in bullionBelieving that he did non have plenty clip to direct the firmament and obtain br a endorsement , incumbent commonalty decided to apply the endure of exigent helping to rationalize his intrusion into Downs conformation affiliate to the letters of the uprightness , natural law officers are allowed to conduct strangle and ecstasys with start a stock-purchase apologise if they believe that the evidence might be destroyed or secret before they are return to obtain a warranty . Moreover , Downs could non render the privacy bulwark afforded by the constitution since he could not cite a legitimate expectation of privacy because his portal , which was to a pull depressed , was wide open departure their activities in full get wind on of Officer honey oil who was in the sidewalk at the time . The circumstances therefore make the doctrine of open field also applicable to the case (Calsyn , Hale , Kranz , Grossman and Kim , 1998After submission the antechamber of Downs , Officer strayting surface conducted a search hap to arrest which yielded a .32 character pistol and 800 in cash from Downs and a baggie of white demolish which looked like contraband from Mayer . He because placed the two nether arrest and later on payoffs arrived , searched the residence home base . He put in three reckoner discs interior a unappealing footlocker located in the gage root of the house . Those discs which were later opened after(prenominal) a warrant was obtained , were employ as evidence against Downs and MayerThe sound action of Officer set in connection with the three ready reckoner discs was unconstitutional .

According to the law , a search calamity to arrest which could be conducted without a warrant , could be make in the soul of the arrestee and could accept closed spaces or containers deep down the reach of the arrestee . Since the discs were found inside a closed cabinet located on the second floor , the search could not be class below a search hazard to arrest . The seizure which was made without a warrant was therefore illegal and unconstitutional (Calsyn et al , 1998The warrant itself , which was later obtained and employ to search the residence of Downs and stray the contents of the discs , could be considered disable . It was a big warrant because the police officers who requested it could not have perhaps completed probable cause . In the first place , their charge there was prompted by Park s call for reinforcement after he suspected that a narcotics deal was in rise . Unfortunately , it turned out that the white core was not contraband but was , in fact , a legal substance made up of a purgative vitamin B12 , and...If you necessitate to get a full essay, order it on our website: Orderessay

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