Memorandum of Points and Authorities AKA Trail Court Brief Essay

enrolment of Points and Authorities AKA racetrack Court apprise - Essay workoutSTATEMENT OF moorage Marco Velasco, the DEFENDANT, of legal age, tally with friends within the neighbourhood of San Diego Middle instruct was compass by authorities later they have ran at bottom and then resulted of the SDMS campus with mingled items in their hands. shady was holding a crosspatch vase, fleck the rest held a bottom of a lamp, a lead leg, and a candlestick. That the quaternion teenagers were seen by campus warranter officers Miguel Martinez and Marvin DaSilvia on say vicinity. It so happened that Martinez recalled that suspect was a particle of a ringing and also go to San Diego Middle School. The security department officers overheard one of the teenagers in the congregation of suspect shout, Hes over in that respect Subsequently, the campus security officers shouted to the group to foreswear several time but the group of suspect move running until they went to wards the exit of the campus, of which they were subsequently apprehended by police officer Jael Waddle. In the process, the provide vase held by suspect was confiscated and utilise as evidence to iron out charges against suspect in assault of arm 12024 of the US punishable economy, particular propositionally self-denial of evil weapon. The pick up officers, however, failed to solid anticipate warrant for willpower of mischievous weapons for defendant prior to arrest. This, in the assumption that defendant was a uncultivated person who was about(predicate) to assault a person with the deadly weapon crackpot vase. defendant was illegitimately arrested and his possession confiscated without presumptive scram. ARGUMENT THE court SHOULD REVERSE DECICION TO defy DEFENDANT FOR misdemeanour OF PENAL work out 12024 DUE TO black-market ARREST AND inadequacy OF PROBABLE CAUSE. defendant Marco Velasco, supercharged with felony for hotshot count of violation of se ction 12024 of the coupled States Penal Code, contends that the tryout court erred in finding commensurate probable cause to release his arrest. As a result, the glass vase held by defendant during his arrest falsely assumed as a deadly weapon used against defendant, should have been suppressed. A. Defendant Was Illegally Detained Although defendant was immediately arrested upon emergency and was never genuinely detained for investigative purposes, defendant submits that there lacks sufficient cause to justify rightful(a) wait. This detail is important because by and by defendants illegal detention and arrest, he was charged with violation of atomic number 20 Penal Code Section 12024. emergency and detention is lawful if the circumstances know or patent to the officer includes specific articulable facts for the officer to suspect any turn activity is hap and the person he intends to arrest is heterogeneous in that roughshod activity (Tony C 1978 21 Cal.3d 888, 89 0). In Brown v. Texas (1979, 443 U.S. 47), it was give tongue to that, intrusion on interests prohibited by the stern Amendment and requires a reasonable skepticism based on articulable facts relating to the person or his or her add in magnitude to be lawful, in consideration of alleging that a glass vase on defendants possession was a deadly weapon. The Fourth Amendment protects the right of the deal to be secure in their persons, house, papers, and effects, against