Sunday, April 28, 2019
Current Supreme Court Cases Essay Example | Topics and Well Written Essays - 500 words
Current Supreme hook Cases - Essay ExampleShe had an infant in her hands and with the nature of the situation plus the initial occurrences the officers asked her if they could transmit a safety search(Russell 1). However, Fernandez was quick to object claiming that he knew his rights. The officers brought Fernandez into custody under the suspicion he was bottom of the inning Roxannes assault. After identification as one of the perpetrators from the gang robbery, the police accompanied him to the police station. subsequent on, one of the officers returned to the premises and obtained Roxannes consent to search the apartment(Russell 1). The search brought out new evidence that linked Fernandez to the violent robbery.In court, Fernandezs motion to subdue the proof from the second search did not order his case. The Georgia v. Randolph case chiefly influenced Fernandezs motion since the summary judgment held that where there is physical mien of co-tenants and one objects the polices consent while the other agrees the police have no resource but to respect the objection. Justices Alito, Ginsburg, Kagan, Sotomayors and the Chief Justice were against were against any motions filed with Randolph case as the basis hence hold with the final decision(Russell 1). However, Fernandez has four votes from Justices Breyer, Kennedy, Scalia and Karlin who supported the Randolph summary judgment with the argument that the police officers went against the law by first-class honours degree taking into custody the objecting party and coming back to obtain consent of other co-tenant. Nonetheless, the California dally of Appeals affirmations held that Fernandez was not physically present when Roxanne gave consent of the search. Typically, the application of Georgia v. Randolph as advocated for by Jeffrey Fisher (Fernandezs lawyer) was not rational enough to make any exceptions particularly because one of the oppose justices invoked that his expression only depicted insightful disrespect towards Roxanne who wanted
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment