Whren V. United States

Whren v United States517 U .S . 806 (1996Docket Number 95-5841On the eve of June 10 , 1993 , some plainclothes members of the District of Columbia Metropolitan Police segment in an unmarked gondola were patrolling a particularly mellowed drug area . They saw a dark lookout hand truck driven by petitioner Brown , stanch at an intersection for an unusually long time - 20 seconds or more and suddenly without signalling drove off at an un bonnie speed . Seeing the dealing misdemeanour the constabulary officers halt the truck to warn the driver about the commerce infringements when they saw petitioner Whren holding plastic bags of crack cocaine . Both petitioners were then pass with flying colorsed on federal drug charges . preliminary to trial , they moved to check the evidence claiming that the officers used the handicraft violation as a pretext for stopping the truck since they lacked probable cause or sane suspicion to arrest them for suspicions on drug dealing and that the evidence obtained were in violation of the Fourth Amendment rights of the petitioners . The Columbia District Court denied the motion to suppress evidence and convicted the petitioners . The petitioners then appealed but the Court of Appeals further confirm the District Court s purpose thus this appeal on certiorariAmong the issues tackled in this case is whether the officers conducted an ill-judged search and seizure in violation of the Fourth Amendment rights of the petitioners . Although the Fourth Amendment guarantees the right of the people to be secure in their persons , homes , s and effects , against unreasonable searches and seizures the speak to however , through Justice Antonin Scalia had been unanimous in its decision that as long as officers have a reasonable and probable cause to believe that a traffic violation has occurred , they may stop any vehicle even if a reasonable officer would not have stopped the vehicle in the absence of some additional law enforcement prey .

The justices who ruled in the case are the following : Stephen Breyer , pity Bader Ginsburg , Anthony M . Kennedy , Sandra Day O Connor , William H Rehnquist , Antonin Scalia (writing for the Court , David H . Souter , John Paul Stevens and Clarence ThomasIn the case at hand , the officers had probable and reasonable cause to stop the petitioners for a traffic violation since they sped away from a stop sign , at an unreasonable speed and without using their turn signal Hence , an genuine traffic violation occurred , the succeeding search and seizure of the petitioners vehicles was reasonable despite the other motivations on the part of the officers who have stopped the vehicleAs the Court reiterated that the detention of a motorist is reasonable where the arresting officer has probable cause exists to believe that a traffic violation has occurred contrary to what petitioners claim that since the police may be tempted to use occurring traffic violations as means of investigating violations or other laws , the Fourth Amendment test for traffic stops should be whether a reasonable officer would have stopped the car for the purpose of enforcing the traffic...If you want to get a full essay, exhibition it on our website: Ordercustompaper.com

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