Thursday, May 28, 2009

Facts of Case-part 1

“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. Because this holding rests upon an incorrect interpretation of the automobile exception to the Fourth Amendment's warrant requirement, we grant the petition for certiorari and reverse.”

In the Maryland versus Dyson case, it is agreed that the police must show a search warrant and hard believable evidence to search a car that is believed to have illegal drugs. What brought this case up was a situation that happened with a hardcore drug dealer in Maryland, who had rented a car and drove to New York and was heard to be returning back to Maryland with a large amount of crack cocaine. Police had taken this information to be very believable, and took action to be on the look out for the specific red Toyota rental car. Little did they know, drug dealer returned back to Maryland in the rental car, and was stopped immediately by the sheriffs and the police. The vehicle was searched, and what was predicted to be found, was there. There were 23 grams of crack cocaine in the car, and victim was immediately arrested. But, according to the Fourth Amendment, searching the vehicle without any warrant, was a big mistake. So because of that, the case was reversed.

http://law.onecle.com/ussc/527/527us468.html

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