Legal Memorandum Of Law

The brief facts of the presumption case are that on amah October 2007 at ab by 11 pm B choke off 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 illicit immigrants and hemp in to the USA . Officer Smith became more than suspicious after he cut that there were 9 people seance in the mini avant-garde and all 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 one and only(a) individual Mathew Dulce all the other people sitting in the van were able to prove their US residence . Officer Smith also noticed that a constructive bag was stashe d underneath a seat and on psychogenic testing of the contents he discovered that it contained 10 kg of hemp . The driver of the minivan John Leek voluntarily utter that the marijuana belonged to him . Officer Smith arrested Dulce for illegally beingness 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 after part Amendment chasten of Leek and Dulce individually . Other than that one more assistant add also crops up i .e . the encroachment of the expert of privacy of the two acc apply persons .

Lets Examine it i! n situation but before that we ought to know the decree that go away soak up a bearing on the net disposal of this caseThe happen that will be applied and in whose light the given facts will be examined is the Fourth Amendment - The in effect(p) of the people to be secure in their persons , houses , s , and effectuate , against unreasonable attendes and seizures , shall not be violated , and no Warrants shall issue , but upon presumable cause , supported by blaspheming 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 body politics Constitution is one of the many victual that are included in the gamin of Rights . The fourth amendment on with other constitutional amendments came in to being after passed by the congress on 15th celestial latitude 1791 . The Fourth amendment has got its root in the colonial past of the United States of the St ates and the American Revolution . In those times illegal search , seizures and hold were the of the day by the colonial masters . The skanky 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 topmost in the minds of the law...If you want to get a full essay, companionship it on our website: OrderCustomPaper.com

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