Criminal Justice

Consent to Search Sondra Silverberg Criminal Evidence Prof. Alana DeGarmo Date The tail Amendment protects people from police take carees unless they try for to the inquisition. In m all cases, suspects respond to a assay because they are non sure of the fact that they can refuse to take over. However, it is easier for a police ships incumbent if the person consents to the pursuit. Without the consent, the policeman has to prove that the search was necessary. The court pass on also contemplate other justifying circumstances. The depict will be thrown out if the officer utilise intimidation to smooth up the consent to search. In this case, the officer did accommodate contend to believe that the suspect was carrying drugs in his car after(prenominal) overhearing the phone conversation. The officer got consent to search the car, but did he tell the number one wood that he did not have to consent to the search? The consent to search the car did not crystali ze the consent to search the brown bag. The suspect could assume that he was going to search the unlikeable brown bag, or any other container in his car, but the consent was only to search the car.

The fact that the officer found drugs should be enough to instruction the suspect in any case. In this case the Florida dominion Court of call down acknowledged the trial courts decision to suppress the evidence of cocaine. The court established a per se regularise that a general search does not extend to closed containers inside the vehicle. In the end, they reversed the sentiment made by the Supreme Court of Florida. References: (1991) Florida vs. Jimeno. Retrieved on frame 9th, 2012 from http://supreme.justia.com/cases! /federal/us/500/248/case.htmlIf you want to get a full essay, prepare it on our website: OrderEssay.net

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