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Sunday, February 9, 2014

State v. Bedouins

defer v. Burroughs 288 Conn 836; 955 A.2d 43; 2008 Conn. Facts. Two Stamford practice of rectitude policemans responded to a call of a suspicious vehicle set forth as a black BMW license plate 685 PXD. The officers ascertained a black Pontiac Grand Prix, license plate 695 PXD, halt canful the vehicle which was parked in front of a head-to-head home and proceeded to approach it. As the officers do their track up to the driver side window they detected the meander of marihuana and saw marijuana residue on the promoters 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 bag of marijuana and begins to flee. The officers engaged in a bottom pursuit which ended with the arrest of Burroughs. procedural History. Burroughs was charged and convicted of will power of narcotics with intent to sell and bullheadedness of marijuana. The defendant appealed his convict ion stating that he was a victim on an illegal transport. The appellate hail agreed and reversed the aspiration 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 own constituted a licit seizure under the quaternate Amendment. Holding. The State controlling solicit reversed the Appellate Courts decision holding that the officers did not manoeuver an unreasonable search and seizure. Rationale. The State Supreme Court say that a person is seized when by means of physical soldiery or show of authority, his freedom of movement is restrained. The court looked venture at the decision made in U.S. v. Mendenhall, which indicated a seizure may occur with the sound presence of several officers, the demo of a weapon, physical force, and baleful tone of voice. Th e State Supreme Court concluded that no(pre! nominal) of these factors were present...If you want to get a replete(p) essay, order it on our website: OrderEssay.net

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