Download PDF by Robert M. Bloom, Mark S. Brodin: Criminal Procedure: Examples & Explanations (3rd Edition)

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By Robert M. Bloom, Mark S. Brodin

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Extra resources for Criminal Procedure: Examples & Explanations (3rd Edition)

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Dissenting). As stated above, somewhat different conclusions are required for arrest and search situations. The implications of this difference can be seen in the so-called staleness problem with regard to search warrants. Because items relating to crime are often transportable, establishment of probable cause to search requires a showing that the items sought are presently at the place to be searched. Thus timeliness of the information becomes more important in the context of a search than an arrest, where there is no analogous temporal limitation.

Only if they intrude upon the curtilage of the home will the constitutional protections come into play. Given the distance between the home and the shed and the fact that the shed was not within an enclosure that surrounded the home, it is unlikely that the shed would be considered within the area so intimately tied to the home that it should be placed under the same protection. See United States v. S. 294 ( 1987) (area outside barn not within curtilage of the home). 1f. Yes, a search has occurred.

Thus the tracking of a beeper into the home was held to implicate the amendment. Similarly, while the use of a drug-detection dog to sniff luggage at an airport does not trigger the Fourth Amendment, the use of a drug-sniffing dog immediately adjacent to defendant's apartment to determine the presence of narcotics within has been held to trigger the amendment. See United States v. 2d 1359 (2d Cir. 1985). Compare United States v. C. Cir. 1989) (holding that a dog sniff of defendant's sleeper unit on a train did not trigger the Fourth Amendment); United States v.

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Criminal Procedure: Examples & Explanations (3rd Edition) by Robert M. Bloom, Mark S. Brodin

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