California v Carney :: essays research papers

California v. Carney involves a Drug Enforcement Agency Agent, Robert Williams, who was observing respondent, Charles Carney, as he approached a young person in downtown San Diego. Having received previous information that that particular beat back infrastructure was being used to exchange sex for ganja, Williams accompanied by other agents kept the push home under surveillance (Kamisar, LaFave, Israel, King, p 260, 2002). During the time that the agent had Carney under surveillance, he saw Carney bring the spring chicken back to his motor home, which was parked in a lot (Kamisar, et al., p 260, 2002). After approximately an hour and fifteen minutes the youth exited the motor home. The youth was then stopped by the agents who engaged him in conversation. At this point the youth told the agents that he had received marijuana in choke for allowing Carney sexual contact (Kamisar, et al., p 260, 2002). Cooperating with the agents, the youth returned to the motor home and knocked on the door. When the respondent stepped out one of the agents entered the home without having a warrant or any form of consent. Inside the agent saw marijuana, and a quest investigation at the precinct exposed more marijuana. Charles Carney was charged with ownership of marijuana for sale (Kamisar, et al., p 260, 2002). In California v. Carney, the California Supreme apostrophize questioned if the warrant less search of the respondents motor home violate his poopAmendments right to silence. After his motion to exclude the march found in the motor home was denied, the California Supreme solicit held that the search of the motor home was unreasonable and that the motor vehicle expulsion to the warrant requirement of the Fourth Amendment did not apply to this case. They reasoned that the expectations of privacy in a motor home are more mindful of those in a private residence than in a vehicle (Kamisar, et al., p 260-61, 2002).The court was able to some to this conclusion bas ed on the idea that the expectations of privacy in a motor home are more like those of a home rather than a simple machine because the most important function of motor homes is not to endow with ecstasy but to provide the occupant with living quarters (Kamisar, et al., p 261-62, 2002). The Fourth Amendment protects the right of the people to be secure on their persons, houses, papers, and effects, against unreasonable searches and seizures (Gpo.