Tuesday, February 19, 2019

Case Brief on Arizona versus Hicks

Case Brief genus Arizona v. Hicks The bullet was fired through and through the suspects flat floor and went in to the apartment downstairs and hit an individual who then called the police. Police responded to the incident and went first to the apartment where the bullet entered. The suspect, Hicks, was not in the apartment at the time, only when the officers tack together and seized three guns and a stocking-cap mask, which were both plain sight. One of the officers saw devil sets of stereo system equipment that looked like they didnt belong there.The officer locomote two turntables of the top of the equipment the officer recorded their serial poetry and found them to be property stolen in a recent armed robbery. Mr. Hicks was found and charged with multiple crimes, released, and now the state appeals. The prosecution argued that since there were exigent flock to look the defendants home, any evidence found in plain sight was seized legally. The defense contested the validi ty of the search, claiming that the search of the stereo equipment was un stock-purchase warranted based on its appearance alone and violated the defendants Fourth Amendment rights.The defendant is found guilty of the initial charges, but all evidence relating to the robbery charges is rule fruit of an unlawful search by the state trial court and the Arizona Court of Appeals. When the Arizona Supreme Court denied review, the United presents Supreme Court accepted the States request for a hearing. The Supreme Court first ruled that the warrantless entry by the officers, under the exigent circumstances exception to the warrant requirement, was valid. The court then ruled that the recording of the equipments serial numbers did not constitute a search or seizure.However, when the officer moved the turntable it was held to be a separate search, apart from the search for the defendant and his firearms. It was the courts ruling that the officer did not have verisimilar cause, only reaso nable suspicion to search the stereo equipment. The evidence seized after(prenominal) the discovery of the turntables constituted unlawful search. The lower courts finish was affirmed. Work Cited http//www. casebriefs. com/blog/law/criminal-procedure/criminal-procedure-keyed-to-weinreb/the-fourth-amendment-arrest-and-search-and-seizure/arizona-v-hicks

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