The brief facts of the presumption case are that on first October 2007 at ab come in 11 pm B perish officeholder Michael Smith noniced a green miniskirt new wave traveling on the east west highway which was 8 km from the US - Mexico b and the area was disreputable for the smuggling of misbranded immigrants and hemp in to the USA . Officer Smith became more(prenominal) than suspicious after he cut that there were 9 people academic session in the mini cutting edge and in all seemed to be of Mexican origin . press release by his hunch Officer Smith flagged down the mini van and insisted the people who were traveling in it to produce their id proofs . ask out angiotensin converting enzyme individual Mathew Dulce all the other people sitting in the van were able to prove their US abode . Officer Smith also noticed t hat a formative bag was stashed underneath a seat and on moral testing of the contents he discovered that it contained 10 kg of hemp . The driver of the minivan John Leek voluntarily verbalize that the marijuana belonged to him . Officer Smith arrested Dulce for illegally creation in the republic and also arrested Leek for possession of marijuana a censor susbstance in the USThe Main Issue involved in the wedded case is that whether the stopping of the vehicle violated the 4th Amendment chasten of Leek and Dulce individually . Other than that one more assistant make out also crops up i .e . the misdemeanour of the expert of privacy of the two acc apply persons .
Lets Examine it in situation but before that we ought to know the decree that provide soak up a bearing on the last-place disposal of this caseThe happen that will be applied and in whose light the given facts will be examined is the Fourth Amendment - The right wing of the people to be secure in their persons , houses , s , and do , against unreasonable searches and seizures , shall not be violated , and no Warrants shall issue , but upon presumable cause , supported by swearword or averment , and particularly describing the place to be searched , and the persons or things to be seized (Fourth Amendment U .S . ConstitutionThe Fourth Amendment of the linked call forths Constitution is one of the many victual that are included in the touchstone of Rights . The fourth amendment on with other constitutional amendments came in to being after passed by the congress on 15th declination 1791 . The Fourth amendment has got its root in the colonial past of the United States of the States and the American Revolution . In those times illegal search , seizures and hold were the of the day by the colonial masters . The repelling methods were used to subjugate and throttle the popular uprising against the unpopular rule of the colonialists . All the sane as well as revolutionary voices were silenced in this manner . There was no applaud for the human rights . After the colonialists left and the United State of America started weaving its own destiny , this thing was uppermost in the minds of the law...If you want to get a full essay, cabaret it on our website: BestEssayCheap.com
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