In 2005, in Camarillo, California, a young by the name Carl Bryan stayed at his cousin’s house overnight. Bryan’s cousin’s girlfriend accidentally had taken Bryan vehicle keys to Los Angeles, California. Bryan and his cousin wake up early the next day to travel to Los Angeles, CA to pick up his keys. Bryan and his cousin returned to Camarillo to retrieve his vehicle and brother. The California Highway Patrol stopped Bryan for speeding and issued a traffic citation. Bryan began crying and moping about receiving a traffic ticket; therefore, Bryan removed his T-shirt to clean his face. Bryan was so frustrated with himself that he forgot to register his seatbelt and put his T-shirt back on. Bryan was stopped a second time for no seatbelt by Officer Brain McPherson. Bryan became more frustrated with himself. (Bryan-Vs-McPherson, 2009) Officer McPherson approached the passenger side of Bryan’s vehicle. Bryan …show more content…
(Bryan-Vs-McPherson, 2009) In the lawsuit, Bryan claimed his Fourth Amendment violated, assault, and battery, and intentional infliction of emotional distress, a violation of California Civil Code 52.1, as well as failure to train and related causes of action. (Bryan-Vs-McPherson, 2009) Officer McPherson filed an appeal, but the judge denied his motion for summary judgment based on qualified immunity. (Bryan-Vs-McPherson, 2009) The case Bryan-Vs-McPherson and Coronado Police Department went to trial. Officer McPherson advise the court, “He was standing twenty-five feet from Bryan and told Bryan to stay inside the vehicle.” Officer McPherson also stated, “Bryan did not threaten him verbally, but took a step towards him.” Bryan advised the court that, “He did not hear Officer McPherson tell him to stay inside the vehicle.” Bryan stated, “He did not move towards Officer McPherson.” Bryan said, “He was only hitting at his
Facts: Rudy Stanko was driving on the Montana State Highway 200 when he was pulled over by Officer Kenneth Breidenbach, a member of the Montana Highway Patrol. Stanko had been driving his vehicle at a steady 85 miles per hour at a location that was “narrow, had no shoulders, and was broken up by an occasional frost heave.” This location also included curves and hills which obscured vision of the roadway head. The actual roadway held no other drivers at this time during the day. Stanko had been driving his new 1996 Chevrolet Camaro, with brakes, tires, and a steering wheel that were all in perfect operating conditions.
One of the very first trails that would gravely expand the powers of Congress through one single clause, the Commerce Clause, would have to be the Gibbons vs. Ogden case, which took place in circa 1824. The dispute began due to the fact that the state of New York gave Aaron Ogden a state license that allowed him to operate his steamboat ferries between New Jersey and New York. Conflicts emerged, since Thomas Gibbons, who received his license from the federal government, also operated his ferries along the same route. Both men believed that their own license was superior to the other. This dispute then made its way to the Supreme Court.
Procedural History: At the suppression hearing, Hayes said he asked Macabeo basic questions that he would normally ask on a stop. He thought the defendant was acting fidgety so he conducted a patdown which did not reveal anything suspicious. He removed his cell phone out of his pocket and handed it to Officer Raymond. Raymond searched the phone without consent from the defendant.
The orders in council, Gibbons v. Ogden, the “corrupt bargain,” and the Jacksonian Democracy all involved the “common people” of America. First of all, the orders in council was passed by Great Britain in 1807. This permitted the imprisonment of sailors and forbade neutral ships from visiting ports. Great Britain wanted America to stop all trade with France since they were the enemy at the time. This was not supported by the middle and lower class Americans.
FACTS: The defendant (Lake) encountered Clarke sitting on the beach and he demanded Clarke’s white car keys for several times. But, when Clarke refused, Lake pulled out a gun and walked Clarke out to the water. At that time, Clarke saw his friend (Croaker) and he called out to warn her. Thereafter, Lake saw her and demanded her car’s keys. When she refused, he held the gun to Croaker’s head and she gave him the keys.
Bell-Leon is not a stranger to Mr. Dylan Hendrick. The evidence will show that prior to the incident, there was an opportunity for Mr. Bell-Leon to see the defendant. Most respectfully, Your Honor, the evidence will show that there was an association between the complainant, the complainant's wife and the defendant that will serve as a motive in this case. Your Honor, the defendant knowingly and purposely attempted to take the life of the victim, Mr. Bell-Leon to remove him from the equation. Three’s a crowd and with the victim out of the picture, the defendant Mr. Hendricks would be able to rekindle his love affair with the complainant’s wife without
Within the article the Washington Post published titled “Fatal Distraction: Forgetting a Child I the Backseat of a Car Is a Horrifying Mistake. Is it a crime?”, written by Gene Weingarten on March 8, 2009, exploring death and dying. A defendant in a case of manslaughter for forgetting his son expressed his sorrow and his want to be completely medicinally free from drugs when he grieved because he wanted to feel his pain. The defendant named Miles Harrison forgot to drop off his son at daycare and in the scurry of the day forgot his son in the car where he died due to the hot July weather after sitting in the car for nearly nine hours. According to the Medical examiner the lower half of the infant’s body was a purplish red color, the abdomen
The precedent was set in Terry v. Ohio, when the courts ruled that it was sensible for an officer to carry out a restricted search and, if required, seizure of weaponries on an individual that the officer realistically considers could be armed. The result of the Terry case was useful in the case of Michigan v. Long. In this particular case, the standard of the police search in the Terry case was expanded to include motor vehicles. According to the Michigan v. Long case, the court ruled that the police were within their rights of conducting a “Terry’s” search of the person of interest vehicle. In this case, the evidence gained from the search was not discarded as a violation of the person’s Fourth Amendment, but rather seen as being prudently
Although Officer Raymond intended to just issue the driver, Aaron Jackson, a citation for truck exhaust notice, he had noticed when approaching the vehicle, the driver–Aaron Jackson– making some movements in the front seat towards the glove box. Officer Jackson approached the vehicle,
Over the limit. It was a saturday night of my senior year in high school. The time was about 11:49. I was driving down county road 3120 also know as old St. james road. It 's late
The officer Vidal has all right to arrest Kurt since he got the warrant, at same time when no one is presented or o one home the officer needs to wait or came back in other time, but he got in and found the marijuana and other drug. “No state shall pass…. any ex post facto
With a grimacing look on my face and my hands numbed behind my back wrapped in tighten handcuffs , I was heading to Polk County jail. The blond haired spring-chicken rookie police officer missed the first turn but we were surely on our way towards Bartow ,Fl stopping 2 miles away we stopped at what he called a subdivision located in Inwood Florida prepared for the consequences, i held my head high walking into the rather redundant, freezing Shrieff’s office while I was being searched and stripped of my shoes and socks I noticed a rugged filth stench in the air gruesome like a middle school bathroom but it all honesty that was the very least of my worries. Afterwards I was put in a temporary cell with some fellow freshly booked inmates you could
You can give someone a gun, but you can’t make them shoot. To shoot a gun all you need is a reason. The Nameless weren 't bad or good, they did what was needed to be done. They weren 't vigilantes, they were four assholes who did whatever was best for them. Sometimes they did the right thing, most of the time they didn’t, honestly, they didn’t care.
The Importance of Wearing a Seatbelt In every fourteen seconds a car accident occurs, resulting in an injured victim and with increasing numbers of drivers each year. Car accidents have become more-and-more of a common sight. With people dying more often each year as a result of car accidents and numerous more receiving serious injury, it leads many to wonder how we could prevent these accidents or protect ourselves in the event of one occurring. Seatbelts dramatically reduce both the risk of death and of serious injury, with drivers and front seat passengers; it reduces the risk of death by forty-five percent and the risk of serious injury by half. Seatbelts are so essential because of the lives they can save, the laws and data supporting it, and how detrimental not wearing a seatbelt can actually be.
There is one thing all high schoolers await eagerly: driving. Walking key in hand, we forget the precautions our instructors taught us, as we prepare to drive alone. Despite diligently completing the sixty hours practice time and driver 's education course students are still unsafe drivers. The end of the summer of 2016 taught me this when a car crash took the life of my coworker. With the school year coming to an end, I had just started lifeguarding.