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Essay / Research Paper Abstract
A 9 page research paper that offers a hypothetical case ruling on a case of search and seizure from a motor vehicle during a routine traffic stop. The writer cites case law that supports a ruling that sustains the defense's motion to suppress evidence gained from the motor vehicle search. Bibliography lists 3 sources.
Page Count:
9 pages (~225 words per page)
File: D0_khsscar.rtf
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Unformatted sample text from the term paper:
vehicle that has been stopped due to a routine traffic violation. As there was no visible evidence to suggest that an extensive search of the vehicle was warranted, ruling of
this court is that the seized evidence and the defendants subsequent confession should be suppressed due to violations of the defendants Fourteenth Amendment rights. Facts of the Case At
approximately 2 a.m. on the morning of July 25, 2004, John Smith was observed driving a 2001 Ford Taurus with a non-operating left taillight. Police Officer Dwight Jones observed the
condition of Smiths vehicle and pulled Smith over in order to issue the appropriate citation. In the process of initiating this action, Officer Jones observed the defendant behaving in a
nervous manner, glancing repeatedly into his side mirror. Officer Jones requested the defendants license, registration card, and insurance card and returned to his patrol car, where he wrote the traffic
citation. Returning to the defendants car, Officer Jones delivered the citation, but then asked if there was anything in the vehicle of an illegal nature. The defendant replied in the
negative. Officer Jones then asked for permission to search the vehicle and the defendant denied permission. However, Officer Jones asked the defendant to step outside the vehicle and searched
without permission. There were no visible signs of illegal activity, but Officer Jones decided to push deeply into the drivers seat where he discovered an unregistered handgun. The defendant was
arrested for having a concealed weapon and escorted to the Springfield Police Station where he was interrogated by Detective Bob White. During this interrogation, Smith confessed to ownership of the
gun. Previous case law The courts have generally been lenient in using their discretion regarding behavior in routine traffic stops. In the case of Maryland v. Wilson, the U.S.
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