California V. Ciraolo. Privacy

Riley v. California is a Supreme Court case that pertains to the Fourth Amendment; specifically, the privacy clause. This case was decided by the Court in 2014 with a unanimous decision for Riley. It came to the Court after the petitioner, Riley, was stopped for a traffic violation and then arrested on a weapons charge. The arresting officer proceeded to search Riley and removed a cell phone from his pocket. After accessing the phone the officer found evidence of gang related activity. The officer took Riley back to the station and a detective that specialized in gang related crime went through the phone and found multiple pictures and videos pertaining to a shooting a few weeks prior. They sought to enhance the charges due to the evidence found on his phone that connected him to the gangs. Riley moved to suppress the evidence that was discovered on his phone; the trial court denied the motion and the Court of Appeals affirmed. A number of interests groups appeared as amici in this case including: EPIC, American Civil Liberties Union, Cato Institute, DKT Liberty Project, Constitutional Accountability Center amongst others submitted briefs in support of the petitioner. Two groups submitted briefs in support of the respondent and those include Association of State Criminal Investigative Agencies and Arizona et al.

The same can be said for the DLK case, DLK could easily make the evidence of a marijuana farm by flushing them and replacing them with regular plants. While Carroll’s case is not completely relevant to DLK’s, it deals with an illegal substance. While there's definitely some differences between a house and car search, many can state that the evidence can be removed and not require a warrant.

Privacy is defined and interpreted differently depending on the person or persons involved. The one thing that is agreed upon is that privacy in all forms is a right and shall receive equal protection for all people under the laws of the constitution. This includes the right to our personal affairs to be let alone, financials, medical records, opinions, privacy of worship, privacy in our homes and intimate interactions. However right to privacy extends far beyond our personal lives and information being left alone and out of the public eye. In the past privacy was not something that was thought of so

Sometimes police officers don’t find the suspect and they keep digging for evidence and culprits. The film states that they can’t go searching in someone’s house without a search warrant, but any garbage is up for grabs because garbage is considered abandoned property. Police officers are also allowed to stop and frisk people if they have suspicions or evidence. So, that means that even if someone smells like marijuana and they don’t see them smoking it,

On January 16, 1992, two agents from the United States Department of the Interior, Elliott and Dan Haas used a thermal imaging device to scan the home of Danny Lee Kyllo of Florence, OR. The device was known specifically as an Agema Thermovision 210 imager, which detected various levels of radiating heat. The two agents had suspected Kyllo of growing marijuana in his portion of the triplex he lived in due to information they had received from neighbors. At 3:20 am the men took several minutes and used the thermal imaging device to determine that there were unusually high temperatures radiating from Kyllo’s garage, thought to be the location of the growing lamps used for the marijuana growth. This information, along with the tips from

Privacy (http://www.dictionary.com/browse/privacy) is being by ourselves. “The state of being free from unwanted or undue intrusion or disturbance in one's private life or affairs; freedom to be let alone.” “Freedom from damaging publicity, public scrutiny, secret surveillance, or unauthorized disclosure of one’s personal data or information, as by a government, corporation, or individual.” Having a state of concealed/secrecy.

In Benters a reliable source told Detective J. Hastings there was an indoor marijuana growing operation at 527 Currin Road in Henderson, North Carolina, and Glenn Benters owned the property but was not living there. Benters at 662, 766 S.E.2d at 596 (2014). Hastings obtained a subpoena to look at the utility use for the property and discovered that it was indicative of a marijuana growing operation. Id. Hastings and Officer Joseph Ferguson traveled to Benters’ property and saw tools used for marijuana growing outside the premises. Id. After that observation, they conducted a knock and talk on the back door. Id. at 662, 766 S.E.2d at 596-597 (2014). After no answer, Ferguson walked to a building where music was playing and smelled

A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine. “In Harris v. United States (1968), the Supreme Court ruled that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is therefore admissible as evidence.” [1] The

Based on the 4th Amendment, I agree with the outcome in Supreme Court case Riley v. California No. 13-132 that search warrants are needed to search a cell phone. This case started when David Riley was stopped by police officers on August 22, 2009 in California for a speeding violation. When the police pulled him over, the found unauthorized weapons in his vehicle, leading to the cell phone search. The police repeatedly found terms associated with a local street gang, this lead to his arrest. After searching the cell phone in the police station, the officers found pictures that linked him to a shooting that occurred a few weeks earlier. Riley was convicted for possession of firearms, shooting at an occupied vehicle, and attempted murder. He was sentenced to 15 years to life in prison. The California court of Appeal affirmed this.

Case Procedural History: Roy Caballes tried to suppress the drugs seized in the stop by claiming that the state troopers did not have probable cause to search his vehicle. The trial judge denied the motion to suppress the seized marijuana. The trial judge held that the use of the drug dog did not prolong the duration

Facts: In a New Jersey high school, two freshman girls were caught smoking in a bathroom. When taken to the Assistant Vice Principal, the first student admitted to smoking while the second, designated T.L.O due to her age, denied smoking in a restricted area. The VP proceeded to take student into his private office and searched her purse and discovered a pack of cigarettes. However, as he was searching, he also identified a stack of rolling papers, which led to a more thorough search of the purse which produced a small amount of marijuana, a pipe, a number of empty plastic bags, a significant amount of money, as wells an index card with names of various people who owed T.L.O money. This evidence implicated that the student was dealing, and T.L.O admitted to selling marijuana. The authorities were called and T.L.O was arrested.

2. Officer Jones, a drug investigator with 15 years experience enlisted an informant to check out the house and try to buy some marijuana. The informant has no track record working for the police but the prosecutor referred him to Jones because the informant wanted to help reduce a

Privacy; the state of being free from being observed or being disturbed. Things such as credit card companies, ads on television, warnings on the evening news, and even locker searches at school all directly contradict the definition of “privacy”.

Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent

I define the meaning of privacy as a basic human right to be able to keep one’s personal information, activities and communication protected against public observation. Oxford English Dictionary defines the meaning of privacy as: “The state or condition of being alone, undisturbed, or free from public attention, as a matter of choice or right; seclusion; freedom from interference