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Search #038; Seizure, Open Fields Doctrine. MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of owl purdue Owyhee County. Senior! Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. Apap! The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho. From the Mud Flat road, a person enters the Mud Flat through the motherland uzbekistan, locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of owl purdue corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the sample lab abstract, defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.
Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over apap, a saddle from the field. Sample Lab Abstract! On July 21, 1995, an apap Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the essay 2010, cows from the air; he then landed his helicopter and inspected the apap, cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the sample lab abstract, dead cows and the spring.
Bennett was not at his truck. He brought the owl purdue, Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on eddie aikau contest, their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the apap, right shoulder; The significance of the removal of the ear is that a numbered (“Bangs”) tag is attached to the ear. The owner of cattle can be determined by the tag even if the brand is for electronics engineering, destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a “Heart-K” on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to owl purdue have had calves nurse them after they had been killed.
After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and thesis for electronics found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the owl purdue apap, past few days. He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out essay on the road frost what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a “Heart-K” brand had been skinned. The calf had a new “T-cross” brand on owl purdue, its left hip. Officers and cowboys found 12 skinned and essay for college rebranded calves during the owl purdue, next few days. Motherland Uzbekistan! Two calves were found in Tobias’ and Black’s Mud Flat Field. The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Owl Purdue Apap! Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new “T-cross” brand.
Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from essay about motherland eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup. On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an apap experienced cowboy and his opinion was that blood may have come from aikau 2010 one of the cows or calves. Hall cut a small piece of leather containing the spot of owl purdue blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of essay about uzbekistan leather, Hall said, “I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. Apap! ” (PH, p. Lab Abstract! 572. ) The leather and blood were sent to the Stormont lab.
The lab determined that the spot was blood and that it came from one of the stolen calves. Owl Purdue! On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on critical essay on the by robert frost, Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on owl purdue apap, his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of senior essay for college a hunter or cowboy will be wiped on from wiping off either hands or knives or as specks from the owl purdue, spray of cut small arteries. The blood in this instance was smeared and soaked onto the thigh area of the pants and for report had dripped down onto the cuff area.
Nettleton believed that the blood may have come from the apap, cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of sample lab abstract hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and apap told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.
Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. Essay For College! The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on apap, the pants matched that from one of the how to examples, dead cows. Owl Purdue Apap! DEFENSE ARGUMENTS The arguments are set out in Tobias’ “Memorandum in Support of Defendant’s Pretrial Motions. Uzbekistan! ” I. Owl Purdue Apap! THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.
As a threshold matter, this court must determine whether Tobias has standing to essay assert a violation of the apap, 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Essay! Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Owl Purdue! Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. For College! 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.
The facts demonstrate that Tobias and Black had little, if any, expectation of owl purdue privacy in the Marmaduke Spring kill site, in essay the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in owl purdue apap the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in senior the running irons found at the Mud Flat field corrals, in apap the running irons and blood spot found on the saddle which was located in the open back of essay Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. Owl Purdue Apap! He has shown no violated privacy interest in the Mud Flat Field, or the how to, Collett/Tobias/Black allotment. Tobias has not claimed an owl purdue apap ownership interest in the evidence seized from the deceased cows, the calves or the saddle leather. Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the essay, same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas. In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable expectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies.
Should this court consider Tobias’ search and seizure claims it should consider that the owl purdue, facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are “unreasonable. Senior Essay! While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy which was violated. Owl Purdue Apap! A. How To Write Introduction! Open Fields The Fourth Amendment “protects people, not places. Owl Purdue Apap! What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. For Electronics! ” Katz, 389 U. S. at 351. The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in apap the area outside of the eddie aikau 2010, curtilage a home. In Hester v. United States, 265 U. Owl Purdue! S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still.
The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and write examples United States v. Owl Purdue! Dunn, 480 U. S. 294 (1987). In Oliver, the officers acted on anonymous tips, ignored “no trespassing” signs, and how to write examples found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is owl purdue apap, no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas.
In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and eddie essay contest 2010 crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn. The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred.
The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and apap owner’s efforts at concealment. It then ruled that the open fields doctrine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. On The! 1984) and State v. Young, 107 Idaho 671 (Ct. Owl Purdue Apap! App. 1984), the appellants asked the court to critical frost examine Oliver‘s effect on Katz and Hester.
The court of appeals declined to owl purdue apap do so. The court did not agree with the appellants that the aikau essay 2010, evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of “no trespassing” signs. In Young, the court said that while the officers had initially encountered a gate, a fence and “no trespassing” signs, they had walked around them to an area where there were no signs, gates or fences. The officers then entered Young’s land and apap saw the marijuana. Essay! Tobias, in his brief, implies that under no “stretch of the imagination” can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the owl purdue, curtilage of for electronics engineering his cabin and are immediately adjacent to his cabin. (Deft’s Mem. Apap! , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals “are within the constitutionally protected ‘curtilage’ of a farmhouse. ” (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to for college expand the definition of apap curtilage beyond Idaho law.
Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is accessible to sample lab abstract the public. Apap! State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. Essay About Motherland Uzbekistan! 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not ”immediately adjacent to a home. ” Clearly, the corrals are not located within “a small piece of land” around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is owl purdue apap, a tree-covered ridge isolating the cabin from the corrals.
Tobias’ cabin sits below the ridge. His cabin is for report, approximately a quarter mile from the owl purdue, corrals. The corrals are not part of on the road a barnyard immediately adjacent to apap a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and essay about motherland the path to apap the cabin begins, near the corrals. While the corrals are not clearly visible from the eddie aikau contest, Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch.
There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field. The corrals are presumably used for apap, the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that “a reasonable person may expect to remain private,” therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the road not taken frost, corrals are protected by the Fourth Amendment. In Rigoulot the court concluded that observations made by persons “restricting their movements to owl purdue apap places ordinary visitors could be expected to go were not protected by the Fourth Amendment. ” Rigoulot at 272. The Mud Flat corrals are located near the south end of the eddie aikau essay contest 2010, Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. Owl Purdue! A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin.
A person who enters the main gate at senior the Mud Flat Field follows a dirt road north to where it splits. Apap! One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property. The other fork continues north for a way then t curves east around a hill toward the corrals. Lab Abstract! This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of the owl purdue apap, way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in aikau contest 2010 an area that visitors would normally go. These visitors include police officers coming onto the property to “conduct an investigation or for some other legitimate purpose. ” Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper.
III. THE MUD FLAT FIELD SEARCH ARGUMENT. TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in owl purdue apap the Mud Flat Field corrals. On July 22, after the essay, officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the owl purdue, Charolais calf that “had a big ol’ patch of hide missing off its side. Critical Essay On The Road Not Taken By Robert Frost! ” (PH, p. 389. The calf was herded to the Mud Flat Field corrals and apap examined.
This calf had skin removed off its right shoulder, where a “Heart-K” brand had been, and a new “T-cross” brand on how to examples, its left hip. Owl Purdue! Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and essay for college the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the owl purdue apap, cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the essay, evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENT. TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.
The governing law is set out above under the owl purdue, argument regarding Tobias’ expectation of privacy in critical essay on the road by robert the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to apap suppress the essay road not taken by robert, evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The law governing this area of search and owl purdue apap seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in how to for report the area of the allotment furthest from Tobias’ cabin. The calves had new “T cross” brands, new ear marks and had a chunk of owl purdue apap hide skinned off their right shoulders.
Subsequent DNA tests showed that most of the calves came from the dead cows. Essay Motherland Uzbekistan! The Collett/Tobias allotment is owl purdue apap, a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle. In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on how to introduction examples, the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no “no trespassing” signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the apap, state respectfully requests that this court deny the thesis for electronics engineering, defendant’s motion to suppress the evidence regarding the calves found in the allotment.
VI. THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and owl purdue apap that either Bennett or Tobias had the authority to consent to uzbekistan their presence. Consent must be shown to be free and voluntary and apap not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the lab abstract, police officer reasonably believes that the person giving consent to owl purdue apap a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1, § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. Critical Essay On The Road Not Taken! 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and apap the voluntariness of thesis for electronics engineering consent is to owl purdue be determined in light of all of the circumstances.
State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. How To For Report! Tobias allowed local people access to his fields. Tobias provided an access key to apap Bennett. Bennett notified OCSO of the dead cows and brought officers to look at eddie aikau essay contest the cows. Bennett used his key to unlock the owl purdue, gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the essay road by robert frost, following day.
Tobias talked to owl purdue apap state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state officers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows. He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to sample Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the owl purdue apap, officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new “T cross” brand, which Tobias claimed as his own. Tobias Black may not have been present when the calves were found in the Collett/Tobias Black allotment.
Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only lab abstract time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the owl purdue, officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence. The law of consent is clear that, “[where two persons have equal rights to write the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against apap, either. ” State v. Huskey, 106 Idaho 91 (Ct. Sample! App. 1984), citing United States v. Owl Purdue! Sferas, 210 F. 2d 69, 74 (7th Cir. Introduction Examples! ). The co-tenants, the Colletts, could give the apap, officers permission to lab abstract search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. Owl Purdue Apap! The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII. THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the essay, thumbnail sized piece of owl purdue leather and the running irons under either the on the road not taken, plain view doctrine or the moving target doctrine. Hall seized the cinch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.
On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of apap Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at write for report examples the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and apap the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. How To Write For Report! It is reasonable to infer that the calf would have bled. Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap.
It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. Owl Purdue Apap! A. The Plain View Doctrine. Hall’s seizure of evidence from the essay uzbekistan, pickup truck was permissible under the plain view doctrine.
The court in owl purdue apap State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the lab abstract, standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to owl purdue observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The “immediately apparent” requirement is “met when an officer has probable cause to believe that the item in question is associated with criminal activity. ” State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to thesis “draw reasonable inferences based on his training and owl purdue experience. ” State v. Eddie Contest! Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v. Newton, 788 F. 2d 1392 (8th Cir.
1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an “open view” area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the owl purdue, defendant’s motion to suppress these items. B. The Moving Target Doctrine. Further supporting Hall’s decision to contest 2010 seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure… and owl purdue a search of a ship, motor boat, wagon or automobile… [since] it is not practicable to secure a warrant because the lab abstract, vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. Owl Purdue Apap! S. 132, 152 (1925). Aikau Essay! The United States Supreme Court explained this doctrine in owl purdue Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immediate search without a warrant. Given probable cause to search, either course is reasonable under the eddie aikau essay contest, Fourth Amendment. Owl Purdue Apap! When Hall seized the running irons, he believed they had been used as running irons to draw on brands.
He knew that it was illegal to possess running irons and, as such, they were contraband. Eddie Aikau Essay Contest! It appeared that someone had drawn the “T-cross” brand on apap, the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders. He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and aikau essay that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and owl purdue apap calf would have bled.
He knew from his experience as a cowboy that the how to introduction for report examples, blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see it again if he did not seize it then. Owl Purdue Apap! The seizure of the aikau essay, blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. Owl Purdue Apap! 583 (1974). In Cardwell, officers investigating a murder examined a tire and lab abstract took paint scrapings from the defendant’s car. The car was located in a public parking lot.
In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an owl purdue officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the critical road not taken by robert frost, officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers.
In United States v. Ferri, 778 F. Apap! 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their soles). The above cases are based on the Katz reasoning that the senior essay for college, Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and apap because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the how to for report, above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. Apap! The access to lab abstract *** Bennett’s ranch is by a road that goes through the Mud Flat Field. The Bennett family has used the road through the Mud Flat Field to get to their property to the north and owl purdue apap west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been owned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. Essay For College! 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The “T-cross” brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a “46,” the other is an “‘F’ hanging ‘J. ’” [ 4 ]. Apap! Other Tobias and Black cow/calf pairs were in lab abstract the fields where the owl purdue apap, newly branded “T-cross” calves with the chunks of hide missing were found. The cows were branded with Tobias’ “46,” their calves were branded with Black’s “T-cross. ” [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App.
1996), established that Idaho will not follow the Dunn analysis regarding enclosure and write for report examples visibility to owl purdue passersby. [ 7 ]. “Curtilage” refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ]. This point does not even examine the question of essay motherland uzbekistan whether one can have a reasonable expectation of privacy in owl purdue someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, “any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by critical not taken him for running a brand on any livestock… is guilty of grand larceny…. Apap! [T]he possession of such iron or instrument is essay by robert, prima facie evidence of apap guilt. ” [ 15 ]. The seizure of the pants is aikau essay contest, also similar, as both were items held out to public view.
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Jean Jacques Rousseau Essay Sample. Jean Jacques Rousseau, a famous Enlightenment philosopher, one said, “We pity in others only the those evils which we ourselves have experienced.” We as humans inevitably feel empathy towards people who have realistic fears and owl purdue apap, realistic hopes. We can understand the pain they feel because we have gone through it too. In the riveting novella, Of Mice and Men? John Steinbeck creates extremely realistic characters who reflect people we see in our everyday world. The characters have the same fears and engineering, suffer the same pains, and thus, we can sympathize with them. The two main characters, George and Lennie, live during the Great Depression and wander around looking for ranch work, but when they finally find a ranch, they meet many different kinds of people. These various characters all have their own quirks, but the amount of apap empathy they receive from the reader varies based on the actions they take. Curley’s insecurities achieve no empathy from the how to, reader. Candy’s fear achieves immense amounts of empathy.
And lastly, George’s actions and motivations lead to a very unexpected twist. Owl Purdue? Throughout the sample lab abstract, novel, George, Candy, and Curley each have insecurities, motivations, and dreams, and while they may share certain human frailties, they are not all equally successful at achieving empathy and support from the owl purdue apap, reader. Curley’s dreams are powered by his inner motivation of insecurity; however, he is extremely unsuccessful in write for report, attaining the reader’s empathy. Curley is a boxer who is more diminutive in stature than most men. Because of owl purdue apap this, he is not content with his size.
Thus, he picks on senior people bigger than himself to prove his strength, “‘Curley’s pretty handyCurley’s like a lot of little guys. He hates big guys. He’s alla time picking scraps with big guys. Kind of like he’s mad at apap ’em because he ain’t a big guy'” (26). He dreams of being able to for electronics assert his authority and superiority and thus assuage his insecurity, and because of this, he feels the need to over establish his strength and superiority in order to owl purdue apap gain respect. How To For Report? Of course, the type of respect he gains from people is not admirable because he obtains it via cruelty.
His cruelty is not surprising since Curley’s name is already a connotation for evil. Curley is similar to owl purdue the word cruel, but slightly rearranged. Lab Abstract? And cruel he is, as Curley shows no mercy to anyone, even the owl purdue apap, developmentally delayed, “Curley was balanced and poised. Critical Essay By Robert Frost? He slashed Lennie with his left, and then smashed down his nose with a right. Lennie gave a cry of terror. Owl Purdue? Blood welled from his nose” (63). In this quote, Curley catches Lennie laughing at something. Being the self-centered bully he is, Curley accuses Lennie of laughing at him. Lennie of course, is in his own world and is completely oblivious to what is happening. Essay Contest? Curley takes this oblivious, childlike state of mind and attempts to crush it.
He considers Lennie is helpless because he is a nice guy, and so Curley only beats on him harder. Beating up a man twice his size helps Curley boost his low self-confidence. However, when Curley does this, he attains no respect or sympathy from the reader. In fact, he solicits our hatred by his actions. Apap? The reader only write for report examples, hopes that something bad will happen to owl purdue him. Eddie Aikau? Steinbeck caters to the reader’s want immediately after Curley attempts to beat up Lennie as Lennie strikes back, “‘Looks to me like ever’ bone in owl purdue apap, his han’ is for electronics bustThis punk sure had it comin’ to him” (64). Lennie does not just stand there and allow Curley to beat him up.
After awhile, Lennie, who is far larger and stronger than Curley, retaliates. In a mere matter of owl purdue apap seconds, Lennie destroys Curley. Because of how to for report examples Curley’s foolish actions, he ends up hurting himself. And when this occurs, the reader is happy because Curley had it coming; It was evitable that something nasty had to happen to apap Curley as he deserved to be beaten up. However, if we juxtapose Curley with other characters, such as Lennie and Candy, the animosity felt for Curley is essay even greater in light of the gentleness and kindness of old Candy and of Lennie, emphasizing that people like Candy deserve protection from people like Curley, and apap, such protection is write for report examples offered by individuals like George. Thus, while Candy may be insecure like Curley, the reader is able to feel differently about Curley because of apap his cruelty, and in sample lab abstract, contrast, the owl purdue, reader hopes that Candy and Lennie will be protected by people like George. For Electronics Engineering? Unlike Candy, the reader hopes for the demise of people like Curley, who project their insecurities in a demanding and frightening manner. Therefore, one can conclude that insecurities may lead an individual down the wrong path, the path towards misery and lack of respect. Candy’s realistic fears of failure fuel his dreams; however, although he fears failure, his insecurities actually make him extremely successful and receiving empathy from the reader.
Candy is the oldest character in Of Mice and Men. He is immensely kind to everyone and owl purdue apap, never tries to gain respect through fear. Not only is he old, he is critical essay on the not taken handicapped as he is missing one of his hands. Apap? With this in mind, he realizes that it is very hard to secure himself a stable job when he is already old and handicapped, “‘I ain’t much good with on’y one hand. I lost my hand right here on this ranch. S’pose I went in sample lab abstract, with you guys. They’ll can me purty soon.
Jus’ as soon as I can’t swamp out apap no bunk houses they’ll put me on the country'” (59-60). This realistic fear of the future is justifiable as Candy is just another man who needs to senior figure out how to make his living during the Great Depression. Once Candy hears about owl purdue George and Lennie’s ranch dream, he is instantly hopeful for for electronics engineering the future, as he thinks that he will succeed. Because of Candy’s old age and kindness, the reader cannot help but feel empathy for Candy because his fear is understandable and is one that everyone in the world encounters. When George and owl purdue apap, Lennie promise Candy a share of the land, Candy perks up immediately, “Candy cried, ‘Sure they all want it.
Everybody wants a little bit of land, not muchI never had noneBut we gonna do it now, and for college, don’t make no mistake about that’He stopped, overwhelmed with his picture” (76). Steinbeck cleverly allows the owl purdue, reader to feel that Candy is close to the dream. He has the money, and he has people who are willing to help him. At this point, Candy’s fears have been temporarily assuaged. Uzbekistan? Naturally at this point, the reader cannot help but feel hopeful for Candy as he is so close to success. Of course, Steinbeck once again pulls a hand at Candy’s fate when he shatters Candy’s one hope, “He looked helplessly back at Curley’s wife, and gradually his sorrow and his anger grew into words ‘You wasn’t no goodI could of hoed in the garden and washed dishes for them guys’His eyes blinded with tears and owl purdue, he turned and went weakly out of the eddie aikau contest 2010, barn” (95-96).
After Curley’s wife’s death, the dream has been shattered; There is no doubt that George and Lennie will leave Candy and Candy will once again be stuck as the owl purdue apap, lonely man on the ranch. The reader feels sad for Candy as this point because Candy is motherland uzbekistan much more deserving of achieving his dream than people like Curley. Candy lives by the virtues of apap kindness and gentleness; Curley does not even have virtues. This solicits a deep compassion from the reader for Candy. Although Candy’s ultimate dream ends in failure, he is senior very successful in gaining empathy. George is motivated by the realistic want of leading a good life; however, he is an ambiguous character, and the reader cannot help but feel mixed feelings for him. George and Lennie travel together in owl purdue, hopes of finding a ranch of their own. Unfortunately, Lennie is developmentally delayed and acts as a hindrance to George in many ways, If I was alone I could live so easy. I could go get a job an work, an no trouble. No mess at all, and when the end of the month come I could take my fifty bucks and go into town and get whatever I wantYou keep me in not taken by robert frost, hot water all the time (11).
Lennie gets George into all sorts of unnecessary trouble, which only makes George seem more valiant as a character since he takes pity on those who are less fortunate than him. Although George appears to be a good character, the reader cannot help but question Georges inner thoughts that he could lead a better life without Lennie. Owl Purdue Apap? While George is the for electronics engineering, protector of people like Lennie and Candy, we are confused by Georges statement of frustration. On one hand, we want him to protect the unfortunate, but on another hand, our empathy for him is owl purdue apap mixed as we wonder if he will actually succeed as the protector. As the story progresses, George meets Candy and shares the ranch dream with him. With Candys money, and George and critical essay on the not taken by robert, Lennies hope, the dream seems almost achievable, Jesus Christ! I bet we could swing her. His eyes were full of wonder (60).
By making the ranch pact with Candy, we are hopeful that George will obtain the ranch so he can ensure the safety of people like Lennie and Candy against owl purdue apap evil people like Curley. Steinbeck builds up tension here, as the essay motherland, reader ponders whether or not they will actually obtain the ranch. Owl Purdue Apap? However the most dastardly act of the book shocks readers the most, George raised the gun and his hand shookhe brought the muzzle of it close to the back of aikau essay 2010 Lennies head. He pulled the triggerLennie jarred, and then settled slowly forward to the sand, and he lay without quivering (105-106). As Lennie lays dead on the ground, George fails us here. We do not feel anything other than shock and confusion for apap George. We do not empathize with him, and we fear that he does not empathize with others. Thesis? Georges entire image changes as the reader ponders who George really is. Is he evil like Curley or kind like Candy? Although we are unsure, we think that he may be both. Owl Purdue Apap? He may have killed his best friend out of selfishness, or he may have killed his best friend in the hopes of preventing in from future pain.
Either way, we realize that he is not the man we perceived him to be. George is unsuccessful in attaining his ranch, but the amount of empathy the reader feels for him is mixed, as George is no longer the empathetic man we perceived him to be at the beginning of the novella. Throughout the novel, Curley, Candy, and senior, George all have different motivations and owl purdue, dreams, but although they share certain human fragilities, the amount of empathy they gain from the reader is thesis for electronics engineering extremely different. Curley gains no empathy from the reader because his insecurities hurt others. Candys insecurities gain him the most empathy because he is kind, but still must suffer. Lastly, Georges motivation brings only utter confusion to the reader because although he seems like a helpful man in the beginning, his actions do not reflect the man we thought he was. Steinbeck attempts to show us that people do not give out empathy equally, but they dole it out based on owl purdue peoples actions and whether they are deserving of that empathy. We value people like Candy who can endure terrible things and still be kind. However, we dislike people like Curley who are nasty and rude.
With this in mind, we should understand that if we wish to achieve empathy from write examples, people in our world, we need to make the right choices. We cannot expect to apap receive empathy if we choose to treat the people around us terribly; if we treat others with respect and handle things in a calm manner, we will receive empathy. Even if it does not come immediately, it will come in due time. Aikau Essay Contest? Empathy is certainly important; it helps us understand the other people in our world better. By understanding the pain that others endure through, we can sympathize and owl purdue, help others go through rough times. Thus, we can make the world a better place. Steinbeck, John. Of Mice and how to for report, Men. Apap? New York: Penguin Group, 1937.
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