In this pair of cases, the first may serve as precedent for the second. Decide whether the second case is so relevantly similar to the first that it should be decided identically. Explain your decision.First case: Officers arrested D in his living room on a charge of using the mails to transport forged checks. Then they searched the other rooms of his apartment for forged checks, which they did not find. But they did find unlawfully possessed draft cards. D was convicted of possession and alteration of the draft cards. The court held the search was lawful as incidental to a valid arrest.Second case: Federal officers had observed the defendant operating an illegal still. They entered the premises and made a valid arrest without a warrant for a felony committed in their presence. They

seized the still. At trial, the defendant moved to exclude the still from evidence.

What will be an ideal response?


On appeal the Supreme Court held that although the arrest was valid, the seizure of the still was illegal because in this case the officers knew what they were looking for and had ample time to obtain a search warrant: They in effect simply ignored the Fourth Amendment. The Court said that if a search was automatically valid whenever a lawful arrest was made, it would be unnecessary to obtain search warrants. However, a couple of years later the Court changed its mind on the point.

Philosophy & Belief

You might also like to view...

Craving for a life of excess, like that of the rich and famous, is an example of

a. dukkha. b. Dharma. c. anatman. d. nirvana.

Philosophy & Belief

The only gospel that actually uses the word ecclesia is

A) John B) Luke C) Mark D) Matthew

Philosophy & Belief

The following passage contains an argument that commits at least one informal fallacy. Name the type of fallacy committed and explain why the passage is an example of that type. Time is money. Time is always passing. So, money is always passing.

What will be an ideal response?

Philosophy & Belief

From the fact that the world does not depend upon my thought for its existence, Berkeley concludes

a. its existence is illusory. b. it exists independently of any mind. c. its existence depends upon its being perceived by the Divine Mind. d. as long as my beliefs about the world work in practice, it does not matter whether it exists or not.

Philosophy & Belief