Id., at 357, 51 S.Ct., at 158. At that time, Officer Jenks examined respondent's temporary operator's permit, automobile registration card, and Selective Service classification card.
In Raia, the Third Circuit denied a defendant's motion to reduce his sentence, holding that remand would be futile and describing the exhaustion requirement as "glaring roadblock foreclosing compassionate release" to a defendant who failed to exhaust his or her administrative remedies. We repeatedly have recognized the categorical nature of the Griffin rule in subsequent decisions. W. Va. June 4, 2020). The fair judicial response, rather than validating such comments, should be to reject them as violative of the Fifth Amendment. at 22 (emphasis added). . The search conducted by Officer Jenks in this case went far beyond what was reasonably necessary to protect him from harm or to ensure that respondent would not effect an escape from custody. [ 380 Certain fundamental principles have characterized this Court's Fourth Amendment jurisprudence over the years. 1098, 91 L.Ed.
U.S. 25, 27] A search incident to arrest, as the majority indicates, has two basic functions: the removal of weapons the arrestee might use to resist arrest or effect an escape, and the seizure of evidence or fruits of the crime for which the arrest is made, so as to prevent their concealment or destruction. '2 Ante, at 232—233. No precedent is cited for this broad assertion -- not surprisingly, since there is none. The danger to the police officer flows from the fact of the arrest, and its attendant proximity, stress, and uncertainty, and not from the grounds for arrest.
(1910) (court less reluctant to find plain error "when rights are asserted which are of such high character as to find expression and sanction in the Constitution or bill of rights"). at 344.
In Griffin v. California, supra, the defendant, who had not testified, was found guilty by a jury of first-degree murder. It also included a separate search of effects found on his person. Willie Robinson. Ante, at 357. Lower court United States Court of Appeals for the Sixth Circuit .
at 392 U. S. 12. This Court has held in the past that a search which is reasonable at its inception may violate the Fourth Amendment by virtue of its intolerable intensity and scope.".
Again, while recognizing the officer's right to conduct a search incident to arrest in order to protect the officer and deprive the prisoner of potential means of escape, the court held: 'The search of the wallet obviously had nothing to do with the officers' safety. 837, 496 P.2d 1205 (1972); State v. Quintana, 92 Ariz. 267, 376 P.2d 130 (1962) (en banc); People v. Zeigler, 358 Mich. 355, 100 N.W.2d 456 (1960). . 436 (1948), explained: 'The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. 329 (Oxford Circuit 1853), a civil case in which the plaintiff, a lawyer, was stopped while on the road and arrested by defendant superintendent of police.
On remand, a divided panel of the Court of Appeals reinstated its prior judgment.
U.S. Supreme Court United States v. Robinson, 414 U.S. 218 (1973) United States v. Robinson. If it finds that the seizure, if any, was lawful, or that the consent to search was not tainted, the original sentence must be reinstated. Wong Sun v. United States, 371 U.S. 471, 481—482, 83 S.Ct.
1978), the magistrate assumed that Robinson was "seized" — and thus, reasonable suspicion was required — at the moment Markonni originally approached Robinson and began asking him questions. As we there concluded, 'in determining whether the seizure and search were 'unreasonable' our inquiry is a dual one—whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.'
Those are the areas we would ask a complete thorough search of. 5194 (Dec. 21, 2018), the Court may not modify a term of imprisonment except in limited circumstances.
The search being lawful, he retains what he finds if connected with the crime.".
He had not attempted to evade arrest, but had quickly complied with the police both in bringing his car to a stop after being signaled to do so and in producing the documents Officer Jenks requested. 'Neither officer expressed any concern for his personal safety. Ibid. One of the officers felt the outside of the driver's pockets.
We do not believe that either Terry or Peters, when considered in the light of the previously discussed statements of this Court, justified the sort of limitation upon that authority which the Court of Appeals fashioned in this case. 145 (1925). U.S. 25, 37] [Footnote 2/1] The search incident to arrest, is reasonable under the Fourth Amendment because the privacy interest protected by that constitutional guarantee is legitimately abated by the fact of arrest.
Before confirming, please ensure that you have thoroughly read and verified the judgment. Opening the package, therefore, did not further the protective purpose of the search.
Docket for United States v. Robinson, 0:19-cr-00143 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information.
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