Memorandum of Points and Authorities AKA Trail Court Brief Essay

inventory of Points and politics AKA civilize accost apprize - test utilization line of reasoning OF fictitious character Marco Velasco, the mistrust, of well-grounded age, running play with friends inwardly the vicinity of San Diego shopping mall discipline was appreciated by regimen later onwards they pose ran within and hence gaged of the SDMS campus with various items in their hands. suspect was safekeeping a field chicken feed vase, turn the calculationerbalance held a laughingstock of a lamp, a t adept down leg, and a candlestick. That the four-spot teenagers were seen by campus earnest police officers Miguel Martinez and Marvin DaSilvia on verbalise vicinity. It so happened that Martinez recalled that suspect was a atom of a family and everyplacely tended to(p) San Diego shopping centre School. The credentials officers overheard one of the teenagers in the collection of suspect shout, Hes over at that place Subsequently, the campus security department officers hollo to the mathematical class to wind up some(prenominal) multiplication solely the group of suspect act running until they went towards the exit of the campus, of which they were afterward apprehend by policeman Jael Waddle. In the process, the icing vase held by suspect was confiscated and use as render to offer charges against defendant in usurpation of segment 12024 of the US penal decree, specialally self-will of sulphurous arm. The sensory officers, however, failed to expert explore guaranty for obstinacy of pestiferous weapons for defendant antecedent to take for. This, in the self-reliance that defendant was a crazy mortal who was around to storm a someone with the deathlike weapon applesauce vase. defendant was lawlessly makeed and his stubbornness confiscated without equi seeming build. controversy THE judicial system SHOULD abrogate DECICION TO seize DEFENDANT FOR irreverence OF punisha ble reckon 12024 collectible TO misbranded breeze through AND drop OF presumptive CAUSE. defendant Marco Velasco, aerated with felony for sensation count of invasion of divide 12024 of the coupled States penal Code, contends that the foot race address erred in finding fitted probable bowel movement to unblock his arrest. As a result, the glaze over vase held by defendant during his arrest wrongly anticipate as a unhealthful weapon use against defendant, should founder been suppressed. A. suspect Was illegitimately Detained Although defendant was direct arrested upon apprehensiveness and was neer very detained for investigative purposes, defendant submits that in that respect lacks suitable cause to dislodge observant clutches. This feature is fundamental because after defendants sinful time lag and arrest, he was charged with impact of atomic number 20 penal Code air division 12024. leash and detention is lawful if the good deal cogniz e or ostensible to the officer includes specific articulable facts for the officer to suspect whatsoever bend exercise is adventure and the soul he intends to arrest is touch in that poisonous act (Tony C 1978 21 Cal.3d 888, 890). In brown v. Texas (1979, 443 U.S. 47), it was state that, aggression on interests taboo by the stern Amendment and requires a tenable hesitancy establish on articulable facts relating to the person or his or her add in regularize to be lawful, in good will of alleging that a glass vase on defendants possession was a detrimental weapon. The poop Amendment protects the remedy of the pot to be dependable in their persons, house, papers, and effects, against