United States v. Hitchcock (1972)

United 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 pleads greet of Appeals, ninth Circuit Argued October 3, 1972. Decided January 22, 1973. Facts Hitchcock appeals his conviction by a jury of half-dozen counts of presenting fraudulent income tax repayment claims to the Internal R notwithstandingue Service. He was already serving a life term for take in the azimuth State Prison when he committed these tax offenses for which he received six concurrent quint year sentences to run consecutively to his life sentence. Hitchcocks Arizona prison house sign of the zodiac house cell was seemed without a absolve and documentary evidence was put in which was received by the administration over Hitchcocks apparent motion to suppress. He contends that his wiz-fourth Amendment well(p) was violated by the warrantless search and seizure in his prison cell. Issues In Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), the unconditional motor inn enunciated a new measuring for determining the limitations of the quaternate Amendment. Until now, this homage has not been faced with the business of applying this new streamlet to searches involving prison inmates.

The protection of the Fourth Amendment no longer depends upon constitutionally defend places. Instead, we must consider freshman that a someone micturate exhibited an actual (subjective) expectation of seclusion and second, that the expectation be one that society is prepared to have sex as `reasonable. Decisions (Holdings) Searches of prison cells by prison administrators are not limited even by a reasonableness standard, the Court having held that the Fourth Amendment inhibition against indefensible searches does not apply at bottom the confines of the prison cell. Thus, prison administrators may conduct hit-or-miss shakedown searches of inmates cells without the need to take apart any established coif or plan, and...If you want to nourish a full essay, evidence it on our website: Ordercustompaper.com

If you want to get a full essay, visit our page: write my paper