Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Create a question out of this post to ask Facts/summary: Santana the respondent had marked money that she had used to buy heroin with. She

Create a question out of this post to ask

Facts/summary: Santana the respondent had marked money that she had used to buy heroin with. She bought the heroin from an undercover agent, then police officers went to her house and found her standing in the doorway. She was holding a paper bag, but as the officers approached her she went inside her home. They caught her there, when she had tried to escape the envelopes fell out of the paper bag, later they found them to be contained with heroin. They also found the marked money on her. They arrested her and indicted her with drug possession with intent to distribute.

Issue: Since Santana had retreated into her home, could officers inter the home to arrest her without a warrant? Did this violate the fourth amendment?

Holding: The court decided to uphold the arrest, and allow the warrantless entry to the home.

Rationale: The court said that by her standing on her porch when officers has arrived that she was not in an area of privacy and therefore this did not violate the fourth amendment rights. They also said that the officers at this point had probable cause to arrest and search her, without technically needing a warrant.

Summary: In conclusion, the police already had probable cause and when they first saw her with the drugs in her hands she was not in a private space therefore not violating the amendments and therefore allowing probable cause to search and arrest her.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Constitutional And Administrative Law

Authors: John Alder, Keith Syrett

11th Edition

1137606711, 978-1137606716

More Books

Students also viewed these Law questions

Question

How is a bubble graph similar to a traditional scatterplot?

Answered: 1 week ago