For Your Data Chambers V. Maroney Instance Brief
February 20, 2019
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- Chambers v. Maroney illustration brief summary
- a service station was robbed. Two teenagers saw a bluish station carriage as well as identified the men inside. The station carriage was stopped an hr afterward alongside the men matching the description. The car was taken to the constabulary station as well as searched without a warrant as well as establish ii guns as well as the glove filled alongside coins. Their dwelling was searched alongside a warrant
- the constabulary had in all likelihood crusade to brand the arrest
- this is non a search incident to an arrest
- typically: courts conduct maintain held in 1 trial an defendant is nether arrest as well as inward custody the search made at about other house without a warrant is non incident to the arrest
- because a car tin sack endure as well as thence easily moved, it may endure searched on the highway without a warrant provided the constabulary conduct maintain in all likelihood crusade that the car contains something they are entitled to seize. To endure effective, such a search must hap at nowadays or the constabulary at the real to the lowest degree must secure the car until they obtain a warrant to search it. Therefore, a warrantless seizure of the car is too permissible nether the Fourth Amendment.
- with these warrantless seizures based on in all likelihood cause, at that spot is no practical departure betwixt waiting for a warrant as well as precisely searching the car absent a warrant because a estimate volition in all likelihood number the warrant based on the in all likelihood cause. Therefore, no warrant is needed for the constabulary to search a car that has been seized as well as brought to the constabulary station based on in all likelihood cause.
- We could’ve searched this at that spot on the side of the route as well as thence because nosotros searched it at the station doesn’t thing
- Rule: tin sack search without a warrant based on in all likelihood crusade on the side of the route or at the station
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