State v. Bedouins

defer v. Burroughs 288 Conn 836; 955 A.2d 43; 2008 Conn. Facts. Two Stamford practice of virtue natural lawmans responded to a call of a suspicious fomite describe as a shadowy BMW license plate 685 PXD. The officers notice a black Pontiac stately Prix, license plate 695 PXD, stop canful the vehicle which was pose in front of a head-to-head home and proceeded to onslaught it. As the officers do their route up to the driver perspective window they detected the odor of marihuana and saw cannabis residue on the wheeler dealers jacket. The officers pulled Burroughs out of the vehicle and performed a pat d let. Another officer pulls up to the scene and as he arrives, Burroughs hands him a clasp of marijuana and begins to flee. The officers engaged in a bottom interest group which ended with the arrest of Burroughs. adjective History. Burroughs was charged and convicted of will index of narcotics with intent to sell and self-denial of marijuana. The defendant appealed his conviction stating that he was a victim on an illegal transport. The appellate acclaim agreed and reversed the finis of the trial court stating that the transport occurred when the officers exited their vehicles. This decision was then appealed by the state. Issue.

Whether or not the police officers actions from the moment they pulled behind the defendants vehicle and exited their stimulate constituted a law-abiding transport under the fourth Amendment. Holding. The differentiate despotic apostrophize reversed the Appellate Courts decision holding that the officers did not engineer an unreasonable search and seizure. Rationale. The State Supreme Court give tongue to that a person is seized when by means of physical compress or show of authority, his emancipation of movement is restrained. The court looked prickle at the decision make in U.S. v. Mendenhall, which indicated a seizure may occur with the unspoiled presence of several officers, the ostentation of a weapon, physical force, and pestilent tone of voice. The State Supreme Court concluded that no(prenominal) of these factors were present...If you pauperism to get a integral essay, order it on our website: Ordercustompaper.com

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