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4th Amendment
3
7th period
September 9, 2015
Cindy Truong
Jazmin Becerril
Natalee Paredes
Christopher Martinez
Ansley Garcia Hernandez
Schneckloth v. Bustamonte
Officer James Rand stopped a car with six people and received consent from the driver to search the vehicle. The officer did not pressure the driver into consenting. In the back seat he found three checks which had been stolen from a car wash. Defendant Robert Bustamonte challenged his arrest, arguing that while he had consented voluntarily, he had not been informed of his right not to consent to the search.
A police officer witnessed three men pacing in front of a jewelry store and suspected that a robbery was being planned. He approached the men and identified himself, then performed frisks of defendants Chilton and Terry and discovered illegal concealed weapons. Defendants were convicted and appealed, claiming that the frisk violated their Fourth Amendment right against unlawful searches and seizures.
Terry v. Ohio
Rodriguez v. United States
A police officer pulled Rodriguez over for briefly veering onto the shoulder of the highway, and wrote Rodriguez a warning. Then the officer asked Rodriguez for permission to walk his dog around Rodriguez’s Mercury Mountaineer, but Rodriguez declined. The officer called for backup and eight minutes later, did it anyway. On the second pass, the dog alerted the officer to the presence of drugs. The officer searched the car and found a bag of methamphetamine.