Nissan 370Z Forum - View Single Post

NYBladeZ · 03-19-2010, 09:39 AM

Quote:

Originally Posted by SmoothZ

Sweet. My kind of subject. I am an expert in search and seizure without probable cause or reasonable suspicion. Border search authority FTW!

Appellant should not win. At least it depends on the circumstances. Is it case law?

It's your typical Law Professor Hypo, I had to do all the legal research myself. The circumstances had it where a guy got on a train, a k-9 team using their random selection formula comes on. Their primary purpose is to search for explosives or dangerous weapons. They were supposed to adhere to an "every 10th person formula" but the facts made it seemt hat when the dog approached the appellant and barked he was then "selected." He opened his backpack there was nothing of interest and but his wallet was what had the dog intention. Now here is the central issue. A suspicionless search must be limited to containers that are reasonably able to contain explosives or dangerous weapons, would a normal sized wallet fall in that category. The "Team" asked him to open the wallet and he had some marijuana and was arrested. He sought to suppress the evidence Under Criminal Procedure Law Rule 12(b). I had the State side, one of my many points was a reference to the Christmas bomb attempt, you could hide 20gram or less in a wallet. We're doing oral arguments next so lets see how my argument holds up.

Tyson, I don't appreciate my post being called "gay." Not to be racist since I'm a minority myself but next time you are searched for no reason other than the "protecting the public interest" keep in mind that my classmates and I learning how to produce arguements protects your rights. Maybe I'm not carrying an M-16 but I'm trying to make sure people are given fair representation in court.

Thanks Papo for speaking on the behalf of us hard at work college/post college guys but I don't mean to cause any tension. To each their own, I can understand how reading my post after worrying about your friends overseas could draw such a response. Tyson, I hope your friends come home safe bro.