Michigan v. Summers

In the case of geographical mile v. Summers 452 U.S. 692, the police beared a assay warrant to research the home of Summers as good as Summers hisself. Upon searching the set forth, they make narcotics in the basement, subsequently searching Summers hisself and found 8.5 grams of heroin in his coat pocket. Summers was arrested and charged of possession callable to the heroin found on Summers hisself. Summers travel to suppress the heroin charges as the product of an illegal search in impingement of his Fourth Amendment. The trial judge given the motion quashed the breeding which means to nullify, void, or delcare invalid. Both the pelf Court of Appeals and the Michigan Supreme Court affirmed. Reading get along you learn that the rationality the motion was granted was because the police detained Summers alfresco of his home dapple searching the expound. Fourth Amedment remediate states that the individual be detained has the reclaim to be present while the search is being through with(p) for reasons such as to make sure that evidence isnt being planted and the scene isnt being staged. He was escorted withdraw the exposit while the search was done, and he as well was searched off the premises. The warrant states that the police have the right to search the premises and the person.

The search was illegal because Summers was not searched on the grounds of the premises allowed by the search warrant. Information self-collected from: Michigan v. Summers - 452 U.S. 692 (1981). (n.d.). In Justia.com. Retrieved March 19, 2012, from http://supreme.justia.com/cases/fe deral/us/452/692/case.html My intuitive! feeling on the second part of the discussion is that I do study that police officer should be required to obtain a search warrant to go through a persons junk. The reason is if someone puts their trash out to be picked up, and it is lull on that persons premises, or close to, that should be considered personal plaza whether it is on a public sidewalk or not. If the trash was already picked up and taken...If you want to get a broad(a) essay, dress it on our website: BestEssayCheap.com

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