Module2Assignment
Süžeeskeem Tekst
- Ma'am, I see a syringe in your shirt pocket.
- It has been used for drugs.
- I found drugs in your purse. You are under arrest.
- Sandra Houghton and her friend were pulled over by police in a lawful traffic stop.
- You had NO right to search my purse!
- During the stop, the Wyoming Highway Patrol officer noticed a hypodermic syringe in the drivers shirt pocket. The driver admitted to using it for drugs.
- An officer may not search anything that belongs to the passenger if they are not suspected in criminal activity.
- The officer believed he had probable cause to search the passenger part of the vehicle. He searched what the passenger claimed was her purse and found drug paraphernalia. The officer arrested the passenger.
- Sandra Houghton believed the search was unconstitutional. The trial court believed the officer had probable cause. The case was taken to the Supreme Court by Houghton and argued on January 12, 1999.
- The Supreme Court ruled that the officer with probable cause may search all containers of the vehicle, but if a container belongs to a passenger who is not suspected in criminal activity, then the container is outside of the search. Except if someone had the opportunity to conceal contraband to avoid detection.
- On April 5, 1999, The Supreme Court decided that the search violated the Fourth and Fourteenth Amendments.
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