EOC Week 8-Supreme Court Update

EOC-Week Eight
Update on Supreme Court: Maryland Versus Dyson
The update on Supreme Court Maryland Versus Dyson is that the fourth amendment is held toward police to require them to provide a search warrant for vehicles under a probable cause. Since the police had a probable cause to believe that the drug dealer victim was carrying illegal drugs, they should have an easy time to provide a search warrant before actually going through with the search of the car for cocaine. Since they did not show a search warrant to the victim, the case is now reversed. Supreme Court is enforcing the search warrant act to be put upon any time of search with a probable cause.

“The Maryland Court of Special Appeals reversed, 122 Md. App. 413, 712 A. 2d 573 (1998), holding that in order for the automobile exception to the warrant requirement to apply, there must not only be probable cause to believe that evidence of a crime is contained in the automobile, but also a separate finding of exigency precluding the police from obtaining a warrant. Id., at 424, 712 A. 2d, at 578. Applying this rule to the facts of the case, the Court of Special Appeals concluded that although there was "abundant probable cause," the search violated the Fourth Amendment because there was no exigency that prevented or even made it significantly difficult for the police to obtain a search warrant. Id., at 426, 712 A. 2d, at 579. The Maryland Court of Appeals denied certiorari. 351 Md. 287, 718 A. 2d 235 (1998). We grant certiorari and now reverse.”


http://law.onecle.com/ussc/527/527us466.html