4th Amendment Case Study

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Under the Fourth Amendment of the U.S Constitution, it protects anyone from unreasonable government searches and seizures which this can be expanded to the protection to your computer and cell-phones. Probable Cause causes a problem with the Fourth Amendment, since it gives the policeman a probable cause to search you if they suspect you may be in possession of anything that can be against the law. Luke Duke argues that he was violated of his rights under the constitution, where Sheriff Rosco P. Coltrane had stopped him for driving at 70 mph in a 45 mph zone since he was veering from one side to the other. The Sheriff suspected that he was under some sort of influence from his reckless driving, as he went to ask for his license and registration he brought his dog. Then the dog reacted to the drugs in the car. Duke was put in the Sheriff car to go under a drug …show more content…
Then the Sheriff investigated the car and found marijuana and searched Luke’s phone to find information about the drug dealer. Under the probable cause, the Sheriff had rights to search the car since the dog reacted to the drugs in the car. Him searching his car doesn't go against the Fourth Amendment, since he suspected that there were some sort of illegal drugs by the reaction the dog had as he got closer to the dog. However, the Sheriff investigating their cell-phone goes against the Fourth Amendment since the only way the Sheriff could go through the phone is if they it needed to be destroyed immediately is the only way they can search the phone without a warrant. Duke said that he the drug tested should be inadmissible evidence in his upcoming trial; however, a drug test can be provided in probable causes where they

4th Amendment Case Study

AUTHORITIES STANDARD OF REVIEW The Fourth Amendment protects the right of citizens from unreasonable search and seizures. (People v. Williams (1999) 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) As such, the prosecution has the burden of justifying a warrantless search and seizure. (Williams, supra, 20 Cal.4th at 119; see also Wilder v. Superior Court…

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