Week 7 Assignment – Search and Seizure Case Study
Overview
The Fourth Amendment is one of the cornerstones of our freedoms
guaranteed by the U.S. Constitution. It protects people against
unreasonable search and seizure of their person, property, and
belongings. Law enforcement officers must work to ensure they do not
violate the Fourth Amendment while performing their duties. They have a
responsibility to protect people’s rights and not invalidate evidence
for any future court cases.
In this assignment, you will analyze a case study based on an actual
case to determine whether police officers’ search and seizure actions
related to suspected illegal drug activities were constitutional. Here
is the case study you will analyze in your assignment.
Case Study
In the Los Angeles Brentwood neighborhood, neighbors have notified
the police that they have seen vehicles coming and going from one
specific home. The incidents occur between 11:00 p.m. and 3:00 a.m. The
neighbors believe drug activity may be taking place. The local police
division assigns officers Williams and Martinez to investigate possible
drug activity at that location.
Officer Williams contacts the neighborhood’s regular trash
collection service and asks it to put the contents of the subject’s
(defendant’s) garbage left at the curb in plastic bags so as to not mix
the subject’s garbage with others. He also asked the trash collector to
turn the subject’s bags over to him at the end of trash day collections.
The trash collector did as Officer Williams requested. Officer
Williams’s partner, Officer Martinez, searched through the garbage and
found items indicative of narcotics use. Officer Williams and Officer
Martinez then listed the information obtained from the trash in an
affidavit to support a warrant to search the defendant’s home. Officer
Martinez and Officer Williams encountered the defendant at the house
later that day upon execution of the warrant. The officers found
quantities of cocaine and heroin during the search and arrested the
defendant on felony narcotics charges.
Note: As you complete this assignment, it will be helpful to you to read the actual case on which this case study is based: California v. Greenwood.
Instructions
Write a three- to four-page analysis of this case study in which you:
- Explain in your own words the Fourth Amendment, which governs the officers’ actions.
- Determine which of the following doctrines apply to this case study: plain view, abandonment, open fields, or border searches.
- Be sure to support your determination by citing specific case law and/or contemporary cases.
- You may find the CQ Supreme Court Collection database useful as you conduct your research. You will also find this database and other useful ones under Strayer’s B.S. in Criminal Justice library resource page. Click on Specialized Databases.
- This less than two-minute video, called Finding Supreme Court Cases Relating to Specific Amendments, shows you how to search for cases by amendment.
- Assess the constitutionality of the officers’ actions in the case study.
- Use three sources to support your writing.
- Choose sources that are credible, relevant, and appropriate.
- Cite each source listed on your source page at least one time within your assignment.
- For help with research, writing, and citation, access the library or review library guides.
- You may use your textbook as one of your resources.
Formatting
This course requires the use of Strayer Writing Standards. For
assistance and information, please refer to the Strayer Writing
Standards link in the left-hand menu of your course. Check with your
professor for any additional instructions. Note the following:
- The preferred method is for your paper to be typed, double-spaced,
using Times New Roman font (size 12), with one-inch margins on all
sides. - Include a cover page containing the assignment title, your name,
your professor’s name, the course title, and the date. The cover page is
not included in the required page length. - Include a source list page. Citations and references must follow
SWS format. The source list page is not included in the required page
length.
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