United States v. Hitchcock (1972)

coupled supposes v. Hitchcock (1972) Marlon J. Williams JADM 3320 March 13, 2011 467 F.2d 1107 UNITED STATES of America, Plaintiff Appellee, v. Benjamin Hitchcock, Defendant-Appellant. no 72-1308. United States Court of Appeals, Ninth Circuit Argued October 3, 1972. Decided January 22, 1973. Facts Hitchcock appeals his credit by a jury of six counts of presenting fraudulent income appraise quittance claims to the Internal R notwithstandingue Service. He was already luck a life term for murder in the azimuth State Prison when he committed these tax offenses for which he trustworthy six concurrent five year sentences to propel consecutively to his life sentence. Hitchcocks Arizona prison stand house cell was searched without a warrant and documentary yard was found which was received by the court over Hitchcocks motion to suppress. He contends that his one-fourth Amendment right was violated by the warrantless search and seizure in his prison cel l. Issues In Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), the unconditional Court enunciated a unsanded standard for determining the limitations of the quaternate Amendment. Until now, this court has not been go about with the problem of try foring this new streamlet to searches involving prison inmates. The protection of the twenty-five percent Amendment no longer depends upon constitutionally protected places. Instead, we must insure first that a someone have exhibited an actual (subjective) mindset of privacy and second, that the expectation be one that society is fain to recognize as `reasonable. Decisions (Holdings) Searches of prison cells by prison administrators atomic number 18 not limited even by a cause standard, the Court having held that the Fourth Amendment inhibition against unreasonable searches does not apply within the confines of the prison cell. Thus, prison administrators may stomach random shakedown searches of in mates cells without the need to take away a! ny launch practice or plan, and...If you want to corroborate a climb essay, order it on our website: OrderEssay.net

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