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 hunting because they are non apprised of the fact that they can refuse to hope. However, it is easier for a police officeholder if the person consents to the see. Without the consent, the incumbent has to prove that the search was necessary. The court bequeath also contemplate other justifying circumstances. The depict will be thrown out if the policeman utilise intimidation to furbish up the consent to search. In this case, the officer did accommodate cogitate 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 device driver that he did not have to consent to the search? The consent to search the car did not crystalize th e consent to search the brown bag. The suspect could assume that he was going to search the shut 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 spell acknowledged the trial courts decision to contain the evidence of cocaine. The court established a per se assign 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, order it on our website: OrderEssay.net

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