Thursday, June 18, 2009

Part 5- Rule of Law

Part 5 -Rule of Law

According to what the Courts have agreed upon of the case, they have used previous cases as a resource, which was previously stated. In a nutshell, since the case of Kevin Dyson was that there was probable cause against him, driving in and out of state, buying illegal, contraband drugs, and selling them illegally to the public, police react to arrest him and throw him into court. Before hand, police stop Dyson, and search his vehicle, find the contraband, and bust him with an arrest. Police did have enough time to issue a search warrant to actually avoid all this mess they have to go through, because police did not issue a search warrant at the time of the scene.

So as they used the previous cases as a resource to help them use for their decision, they have used not only cases, but also amendments as well. The fourth amendment states that, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” http://caselaw.lp.findlaw.com/data/constitution/amendment04/ Which has also helped the come up with the decision.

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