Tuesday, July 23, 2019

Florida v. Jardines, 11-564 from the Supreme Court in March 2013 Research Paper

Florida v. Jardines, 11-564 from the Supreme Court in March 2013 - Research Paper Example nt amount of marijuana and evidence that he was a drug trafficker too, Jardines contested the warrant saying that it is was breach of the fourth amendment. Hence, rendering the raid, and the consequence (charges for possessing marijuana), null and void. The Supreme Court of Florida approved the decision of the trial court, holding that the evidence be suppressed as the officers had committed Fourth Amendment breach. They did not have a probable cause to search Jardines’ property (Florida v. Jardines, 2013). 5. Rationale: why did the court decide the case this way? Was there a decent? A concurring opinion? How many Justices voted with the majority? What were the reasons that different judges felt differently about parts of the case? The court is not a law machine set out to operate under given set of command. The law and courts operate to contribute towards a better society. The law is made to protect the citizen and not to harass them. The notion that no one should be held above the law needs to be practiced in such a way as decided the Supreme Court of Florida. The Fourth amendment upholds that the people have a right to be secure in their homes (Jardines v. State, 2011). The Fourth Amendment does not allow police or anyone to search someone’s property without probable cause. The term ‘search’ has been highlighted in the Fourth Amendment as when governments physically intrudes someone’s property (person, papers, houses or effects) it is a ‘search’ (Florida v. Jardines, 2013).. The citizens should consider home as safe from unreasonable investigations. If this sense of security is not provided to the citizens then the society will always feel vulnerable and under pressure of the government. The officers that searched Jardines’ house did not ‘see’ anything with their own eyes before entering his premises. There was apparently no suspicious activity around or in his house. Had the officers seen something then it would have been a reasonable

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