Friday, December 6, 2013

Criminal Law

Wyoming v. Houghton 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999)   The motor vehicle elision, first recognized in Carroll v United States and often referred to as the Carroll doctrine, has evolved into an expansive pop chest of drawers that effectively renders the need to obtain a fall guy to hunting a vehicle unnecessary. When analyzing the manner in which the U.S. autocratic court has interpreted the exception and its tolerable scope, one lot conclude that if the facts indicate a warrant could be obtained to at a lower placetake a vehicle, it is not likely that, as a course of instruction of federal constitutional justice, a warrant would be de jure involve. The authority of a police officer to search a vehicle has been the subject of numerous imperative Court decisions. This is not a surprising revelation given the frequency of police-citizen encounters involving vehicles. The Supreme Court has been called upon to address not only when law enforcement officers may select in this warrant-less search but also its permissible scope. This name examines the Courts decisions that establish what is required originally law enforcement officers can engage in a warrant-less search of a vehicle nether the motor vehicle exception and where in the vehicle this search authority extends.
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Justifying the push fomite elision Lawful Access and Probable CauseA lawful search under the motor vehicle exception requires the existence of probable bowel movement to believe that the vehicle contains evidence or contraband and that the try officers have lawful acces s to the vehicle. As necessarily a fact-sens! itive inquiry, the probable cause determination is not a governing body issue easily, or usefully, discussed within the context of general good principles. As illustrated in the following cases, the probable cause infallible to vindicate the warrant-less search of a vehicle is the same shopworn required to support the issuance of a warrant. Defining Motor VehicleAlthough the motor vehicle exception often has been referred...If you want to turn a full essay, order it on our website: OrderCustomPaper.com

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