UNITED STATES V. ROBINSON
414 U.S. 218 (1973)
NATURE OF THE CASE: This was an appeal by the United States (P) on the reversal of a conviction of Robinson (D) for a drug offense on the ground that the heroin had been obtained as a result of a search in violation of the Fourth Amendment.
FACTS: Officer Jenks observed Robinson (D) driving a Cadillac. Jenks had checked D's operator permit four days earlier, and had reason to believe that D was driving without a license. He pulled D over and arrested him for operation after license revocation and obtaining a permit by misrepresentation. Jenks followed police department procedures and searched D for weapons. While searching D, he felt an object in D's coat. He could not tell what it was, but did not think it was a weapon. He pulled out a crumpled cigarette package. He felt something inside the package, which he could tell were not cigarettes. Jenks opened the package and found 14 heroin capsules inside. The District Court convicted D of possession of heroin. It was assumed by the Court of Appeals and conceded by D that Jenks had probable cause to arrest D. The Court of Appeals reversed the conviction, holding that the heroin introduced had been obtained as a result of a search, which violated the 4th Amendment to the United States Constitution. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment