Thursday, June 18, 2009

Part 3-Decision of the Court

Part 3- Decision of the Court
About ten years ago, the decision was made on June 21, 1999 stating that the decision was reversed. At first, the court was for the victim being caught with illegal drugs, but once the victim has came up with examples and brought out the fourth amendment for the search warrant, the case was reversed. The police had turned to the automobile exception act for them to search the vehicle without a warrant, but the police did not provide any other hard evidence other than them having probable cause that the victim had the cocaine.

The outcome of the case was that they reversed everything, and a brief was not made. They are holding Dyson’s drug addiction for an automobile exception to the fourth amendment. Because of all of this, the court grants the petition for certiorari and reverse.

“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

“In this case, the Maryland Court of Special Appeals held that the Fourth Amendment requires police to obtain a search warrant before searching a vehicle which they have probable cause to believe contains illegal drugs.” http://law.onecle.com/ussc/527/527us465.html

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