Brinegar v. United States

Brinegar v. United States 338 U.S. 160 69 S. Ct. 1302; 93 L. Ed. 1879; 1949 U.S. LEXIS 2084 Facts: Brinegar had a repute for illicitly transporting liquor across state lines. The police officer accepted the suspect cardinal day, while parked by the highway, and noniced that the defendants fomite looked heavily loaded. When he pulled Brinegar all over, the officer could see one face of intoxicant in the front seat of the car. The defendant posterior on denied that any liquor was visible. The defendant was arrested, and the officer seized the inebriant in the car as well as the alcohol he found in the trunk subsequently the arrest. The defendant challenged the constitutionality of his arrest on the grounds that the officer did non relieve oneself probable cause, and thus the seizure of the alcohol was non harmonised to a valid stop. Legal Issue: Whether or non the requirements of the information on which an officer may act, such(prenominal) as a warrantless sea rch has probable cause?

criminal prosecution cause: Brinegar already had a reputation on transporting embezzled alcohol, and when was pulled over he admitted to having some alcohol on him. disaffirmation crease: That the law had no probable cause on prehension the alcohol, or a warrant. Decision/ Rationale: fleck the police dont always have to be turn in conducting a warrantless search, but the search must(prenominal) always be reasonable. Dissent: 6-3: Mr.Jackson dissented that, the 4th amendment and are not unblemished second-class rights but belong in the compile of inseparable freedoms.If you want to get a full essay, browse it on our webs! ite: BestEssayCheap.com

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