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Essay / Research Paper Abstract
A 4 page research paper that looks at case law governing police search procedure in regards to non-mobile cars. The writer argues that case law that pertains to curtilage is applicable and several relevant cases are cited. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_khnmveh.rtf
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Unformatted sample text from the term paper:
However, in regards to motor vehicles, the Supreme Court has recognized that there is a reduced expectancy of privacy and also that the mobility of vehicles created in itself
an inherent exigency that precludes the feasibility of obtaining a search warrant, as the vehicle can easily move out of the relevant jurisdiction (Bulzomi 26). Considering this the question arises
as to whether or not the motor vehicle exception is till applicable to a vehicle that is not readily mobile. In the case of a vehicle that is not
readily mobile, that is, a car that is not capable of being driven to another jurisdiction, it can be presumed that such a non-operating vehicle involved in a police investigation
would be at the suspects home, rather than abandoned elsewhere. In this case, one can argue that case law that applies to curtilage, that is the expectation of privacy on
ones property, would be applicable. Cases involving police trespassing onto a suspects curtilage, that is, the area immediately surrounding a dwelling, concern the courts establishing how far an expectation of
privacy applies (Hendrie 27). In most states, an open field, even one owned by the suspect, is not considered curtilage and does not entail an expectation of privacy (Hendrie 27).
The US Supreme Court has defined curtilage as "the area to which extends the intimate activity associated with the sanctity of a mans home and the privacies of life" (Hendrie
27). In the US v. Dunn, police officers and special agents smelled chemicals used in the manufacture of illegal drugs coming from a barn (Hendrie 27). Based on this,
the officers obtained a search warrant and found evidence in the barn that convicted the owners of manufacturing illegal drugs (Hendrie 27). The court rules that the barn was not
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