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California vs. Acevedo By: Caroline Correa & Raul Perez.

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Presentation on theme: "California vs. Acevedo By: Caroline Correa & Raul Perez."— Presentation transcript:

1 California vs. Acevedo By: Caroline Correa & Raul Perez

2 Constitutional Issue This court case has to do with the Fourth Amendment. The Fourth Amendment says 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' This court case has to do with the Fourth Amendment. The Fourth Amendment says 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

3 California California police saw Acevedo enter and leave the apartment that was known to have Drugs. California police saw Acevedo enter and leave the apartment that was known to have Drugs. They stopped Acevedo and searched his car but they didn’t have a warrant. They stopped Acevedo and searched his car but they didn’t have a warrant.

4 Acevedo Was caught going into and coming out of an apartment that was known to have Drugs inside. He tried to get rid of the drugs but they saw him disposing it. Was caught going into and coming out of an apartment that was known to have Drugs inside. He tried to get rid of the drugs but they saw him disposing it.

5 Background California police saw Charles Acevedo enter an apartment known to contain several packages of marijuana and leave a short time later carrying a paper bag the same size as one of the packages. When Acevedo put the bag in the truck of his car and began to drive away, the officers stopped the car, searched the bag, and found marijuana. At his trial, Acevedo said the drugs shouldn't be counted as evidence, since the police didn’t have a search warrant. When the trial court denied his motion, Acevedo pleaded guilty and appealed the denial of the motion.

6 Majority Opinion (Key Points) They searched Acevedos vehicle without a search warrant. They searched Acevedos vehicle without a search warrant. They did not need a warrant to search Acevedos vehicle or to search a container or package inside a vehicle. They did not need a warrant to search Acevedos vehicle or to search a container or package inside a vehicle.

7 Other Court Opinions Concurring- vehicle exemption to the 4 th amendment should be abandoned. Reasonable searches under the 4 th amendment should be interpreted consistently with common law. Concurring- vehicle exemption to the 4 th amendment should be abandoned. Reasonable searches under the 4 th amendment should be interpreted consistently with common law. Dissenting- the majority only gives lip service to the traditional presumption that searches without warrants per se unreasonable under the 4 th amendment. Dissenting- the majority only gives lip service to the traditional presumption that searches without warrants per se unreasonable under the 4 th amendment.

8 Significance The California v. Acevedo case answered a question that everyone was thinking about, where is the limit to police searching your belongings? They can only search so much before they need a search warrant. This court case gave the limits to what can be searched with a warrant and what cannot.

9 Reflection In our opinion, this court case would be a great source for future reference when it comes to cases that have to do with search warrants. The courts ruling was reasonable because Acevedo got stopped and was suspected of having drugs.

10 Sources http://www.oyez.org/cases/1990- 1999/1990/1990_89_1690 http://www.oyez.org/cases/1990- 1999/1990/1990_89_1690 http://www.oyez.org/cases/1990- 1999/1990/1990_89_1690 http://www.oyez.org/cases/1990- 1999/1990/1990_89_1690 http://en.wikipedia.org/wiki/California_v. _Acevedo http://en.wikipedia.org/wiki/California_v. _Acevedo http://en.wikipedia.org/wiki/California_v. _Acevedo http://en.wikipedia.org/wiki/California_v. _Acevedo http://www.4lawschool.com/criminal/acev edo.html http://www.4lawschool.com/criminal/acev edo.html


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