fourth amendment
A african american man, who was 5' 11" and weighed 200 pounds, and a latino man, who was 5' tall and weighed 100 pounds, are walking through a white affluent neighborhood in Chevy Chase, Maryland at midnight when the police approach them and ask for identification which was provided. The men were carrying bags with various household items in them along with clothing. The police continue to detain the men to investigate whether the men had been up to no good. The neighborhood had experienced a number of burglaries about one month ago. The home owners had given descriptions for the suspects describing them as medium height and weight, possibly spanish or caucasian. Neither of the men have any outstanding warrants, but both have criminal records for prior burglaries and robberies. The police thereafter continue holding them and proceed to pat them down. Each man had knives on them as well.
The police arrest the men for burglary and possession of deadly weapons..
Your law firm moves to suppress the evidence based upon a violation of their Fourth Amendment rights.
I want you to write a 7 page paper discussing whether the men's rights had been violated by the police by the initial stop and the continuing detention.. I want you to use 8 resources, 6 of which are from law journals, academic journals, and legal resources. Use at least one from each category. Include why the police actions were lawful and why they were unlawful.
3 years ago
10
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