Brinegar v. United States

Brinegar v. United States 338 U.S. 160 69 S. Ct. 1302; 93 L. Ed. 1879; 1949 U.S. LEXIS 2084 Facts: Brinegar had a account for illegitimately transporting pot liquor across assign lines. The military jurisprudence officer recognized the suspect one day, while lay by the highway, and noniced that the suspects vehicle looked severely loaded. When he pulled Brinegar all everyplace, the officer could see one daring of intoxicant in the anterior seat of the car. The defendant ulterior on denied that any liquor was visible. The defendant was arrested, and the officer seized the intoxicant in the car as well as the inebriantic beverage he found in the trunk after the arrest. The defendant challenged the constitutionality of his arrest on the yard that the officer did not bring through oneself equipotential acquire, and thus the ictus of the alcohol was not fit to a valid stop. legitimate Issue: Whether or not the requirements of the information on which an officer may act, such as a warrantless search has probable cause?

Prosecution cause: Brinegar already had a reputation on transporting illegal alcohol, and when was pulled over he admitted to having some alcohol on him. Defense creese: That the law had no probable cause on seizing the alcohol, or a warrant. decisiveness/ Rationale: While the police dont endlessly have to be exercise in conducting a warrantless search, and the search must forever and a day be reasonable. Dissent: 6-3: Mr.Jackson dissented that, the fourth amendment and are not holy second-class rights but get in the catalog of congenital freedoms.If you want to get a full essay, order it on our website: Ordercustompaper.com

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