Embedded Files
The following points of law have come before the senior courts, wherein the decisions have been made to introduce these as what is commonly known as “Case Laws” or “Common Law”
San Andreas v. Andy Gold
Case Law enforcing the idea that illegal acts used to gain evidence in a conviction taints the following evidence in an investigation.
The officers, even though they were acting in good faith, proceeded to bypass security on a laptop to gain information regarding the 'owner' of the property. Due to this first step we agree that 'Fruit of the Poisonous Tree' doctrine begins to take effect. Due to this doctrine any evidence that followed this particular act is inadmissible. This means that the evidence removed from the location along with the following undercover operation was tainted and inadmissible.
George v. SASP
‘Acceptable injury’ and ‘liability’ of a hostage situation.
In this case a hostage was taken from an active robbery and forced into the trunk of a car. After a brief chase the hostage was ejected from the trunk when the fleeing vehicle slammed on its brakes and was struck by an officer’s patrol vehicle. The court found that this was an ‘acceptable injury’ and the ‘liability’ was placed upon the hostage takers due to the efforts of the officers to save this person’s life.
Dodson v. LSPD
‘Warning shots’
In this case an individual and their vehicle were struck with ‘warning shots’ before any verbal commands were given. Officers are required to provide a verbal command and ample time to respond before a warning shot is fired. Warning shots should not be aimed at the individual or their property - They are meant to warn and not harm.
Cole Hannan v. LSPD
TASER lethality.
In this case it was assumed that the use of a taser on a wet individual was considered lethal. The court upheld that with evidence and research provided that this is false. The use of a taser on an individual after they come out of the water is not to be considered a lethal action.
Tennessee v. Garner
Officers are allowed to use lethal force on fleeing suspects if there is reasonable suspicion that their escape can put other lives at risk.
Horton v. California
Illegal items in plain sight can be seized when officers have a legal search warrant for the property.
Rodriguez v. US
Officers may not extend the length of a traffic stop to include the use of a detection dog if it is unrelated to the original reason for the stop.
Miranda v. Arizona
The right to remain silent and right to an attorney.
Also causes questions answered before their rights have been read to be inadmissible.
Does not affect spontaneous confessions.
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