Wednesday, November 27, 2013

State v. Bedouins

defer v. Burroughs 288 Conn 836; 955 A.2d 43; 2008 Conn. Facts. Two Stamford practice of rectitude policemans responded to a call of a suspicious vehicle depict as a black BMW license plate 685 PXD. The officers sight a black Pontiac Grand Prix, license plate 695 PXD, stop canful the vehicle which was parked in front of a head-to-head home and proceeded to approach it. As the officers do their elan up to the driver side window they detected the feel of marihuana and saw marijuana residue on the instruments jacket. The officers pulled Burroughs out of the vehicle and performed a pat d let. Another officer pulls up to the scene and as he arrives, Burroughs hands him a bag of marijuana and begins to flee. The officers engaged in a bottom pursuit which ended with the arrest of Burroughs. adjective History. Burroughs was charged and convicted of will power of narcotics with intent to sell and self-control of marijuana. The suspect appealed his conviction stating that h e was a victim on an illegal transport. The appellate hail agreed and reversed the finding of the trial court stating that the ictus occurred when the officers exited their vehicles. This decision was then appealed by the state. Issue.
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Whether or not the police officers actions from the moment they pulled behind the defendants vehicle and exited their own constituted a square seizure under the quaternate Amendment. Holding. The State unequivocal lawcourt reversed the Appellate Courts decision holding that the officers did not manoeuvre an unreasonable search and seizure. Rationale. The State Supreme Court say that a person is seized when by means of physical fight or show of authority, his freedom of movement is restr! ained. The court looked moxie at the decision made in U.S. v. Mendenhall, which indicated a seizure may occur with the sound presence of several officers, the flourish of a weapon, physical force, and baleful tone of voice. The State Supreme Court concluded that no(prenominal) of these factors were present...If you want to get a panoptic essay, order it on our website: OrderEssay.net

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