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Public Safety and Privacy Analysis - Research Paper Example

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Traditionally, the searches were not permissible and even detested, unless the facts of the case excused the application of one of the limited exceptions to their bar. However, if the facts…
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Public Safety and Privacy Analysis
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cumstances, which justify the actions of law enforcement officers to enter a house without a warrant as demonstrated in the case discussed in this paper. Law enforcement officers answered a disturbance call near Allen Road in Brownstown, Michigan. Officer Christopher Goolsby later bore witness that, as he and his colleague drew near the area, a couple directed them to a house, in which they narrated that a man “was going crazy.”The officers proceeded to the residence and discovered the household in complete chaos; this could be manifested by damaged property and traces of blood on the hood of a pick-up truck with a smashed front.

Through the window, the police officers could catch a glimpse of Jeremy Fisher inside the house, shouting and tossing objects around. When the law enforcement officers knocked at the door, Jeremy Fisher declined to answer. The officers noticed that Fisher had a cut on his hand; however, the defendant disregarded inquiries concerning whether he needed medical attention. Instead, Fisher demanded that the police officers go and obtain a search warrant (Acker & Brody, 2012). Through the window of the opened door, Officer Goolsby could see Fisher aiming a gun in his direction, which compelled him to retract.

Eventually, the officers managed to overpower fisher and secure the premises. Jeremy Fisher was arraigned in court under Michigan law and charged with assault with a lethal weapon, and being in possession of a firearm amid the commission of an offence. The trial court awarded Fisher’s motion to suppress the evidence, concurring with him that the confiscation of the gun contravened of his Fourth Amendment rights (Acker & Malatesta, 2012). The Michigan Court of Appeals sustained the argument (over a dissent by Judge Talbot) that the warrantless intrusion into defendant’s house breached Fisher’s Fourth Amendment rights as the circumstance “did not match to the point of an emergency validating the warrantless invasion.” The

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