The Policies and Application of Motion to Suppress Evidence

Another rock of offer cocaine was also found in the passenger's clothing. The total smash cocaine found on the passenger totaled closely 100 grams. The passenger was then arrested.

If an officer claims to have witnessed a street level drug transaction, the Constitution allows the officer to start up a search without a search warrant (Successfully, 2005). In this case, he must be able to prove to the butterfly that the initiation of the investigation was permissible in the circumstances, i.e. that he had sufficient reason to believe that he had witnessed a drug transaction. In this case, the police officers had seen a woman leaning into the car and handing an goal to the passenger, and when approached, the passenger was seen making shoving down motions, and continued to do so after the officer asked him to show his hands, suggesting that he was trying to efface something. The car was parked in a high annoyance area, and the actions the police officers observed were characteristic of a drug trafficking transaction.

In the second case, police tooshie stop and search a suspect without a warrant as long as they have probable mother (Probable, 2004). Probable cause can be defined as, "where known facts and circumstances, of a reasonably fiducial nature, are sufficient to justify a man of conceivable caution or prudence in the bel

http://www.relentlessdefense.com/drugcases.html

Probable cause. (2004). Retrieved Mar. 2, 2006 from

http://www.jus.state.ns.us/NCJA/flippo.htm

Motion to strangle evidence. (2006). Retrieved Mar. 2, 2006 from

No warrant is needed if officers have probable cause to stop and search a suspect (Subject, 1999).

This is an exception to the quaternary Amendment which states that "no warrant shall issue, but upon probable cause support by oath or affirmation" and proscribes against un just searches and seizures. any searches and seizures without a warrant are presumptively unreasonable, but this boldness can be overcome in cases of probable cause. In this case, the officers definitely had probable cause, and so the search and seizure of the controlled subject matter was legal and the motion to suppress the evidence should be denied.

ief that a crime has been committed (Draper vs. U.S. 1959). It is something that "would lead a psyche of reasonable caution to believe that something connected with a crime is on the premises of a person or on the person themselves." Law enforcement officers who have probable cause to believe a vehicle contains contraband may search anywhere in the vehicle where the contraband could be without a warrant (United States v. Ross, 456 U.S. 791 (1982) as long as the vehicle is not on mystic property (Subject, 1999).

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