Criminal Law: Payton v. New York and Schneckloth v. Bustamonte
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This article discusses the cases of Payton v. New York and Schneckloth v. Bustamonte, analyzing the constitutionality of warrantless searches and their implications under the Fourth Amendment.
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Running head: CRIMINAL LAW Criminal Law Name of the Student Name of the University Author Note
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1CRIMINAL LAW Case 1 Name of the case Payton v. New York1 Citation 445 U.S. 573 (1980) Facts Theodore Payton has been a suspect in the murder of an employee working for a gas station in the New York City. This case has been initiated when the New York City Police has entered in the house of Payton forcibly as they were informed about his presence there. Subsequently, it was conceived that Payton was not at home at that time. However, the Police hasdiscoveredmaterialevidencefromthatforcibleentrywhichhasestablishedhis connection with the murder in question. The action of the police in this case has been effected in pursuance of the Laws prevailing in New York, which has authorised the police to enter a residence for the purpose of making a felony arrest in the absence of any warrant being issued to that effect. Payton has been convicted as a result and preferred an appeal against that decision of conviction. However, the court has authorized the forcible entry of police in the house of Payton as the same has been allowed by the laws prevailing in New York. However, Supreme Court has held the forcible entry to be unreasonable. Issue Whether the New York Police are justified to enter the house of the suspect in the absence of any warrant and when there are no exigent circumstances to support that. 1445 U.S. 573 (1980)
2CRIMINAL LAW Reasoning The Supreme Court has rendered the law authorising the police to make a forcible entry to a private residence to be unreasonable in the absence of a warrant. Such an authorization in the absence of a warrant will be in contravention of the Fourth Amendment2. The Fourth Amendment of the Constitution requires the seizures, searches and to that effect forcible entry to a private residence without a warrant to be avoided except in the case of exigent circumstances. Significance This verdict of the Supreme Court has restrained the police from making a forcible entry to a private residence in the absence of a warrant to that effect. However, an exception in the case of exigent circumstances has been allowed. Case 2 Name of the case Schneckloth v. Bustamonte3 Citation 412 U.S. 218 (1973) Facts In Sunnyvale of California, a police officer, namely James Rand has performed a search of an automobile after availing the permission of the search from the owner of the automobile, namely, Joe Alcala. The said search has revealed three checks belonging to a car wash, which has been stolen. It has been found that the checks belonged to Robert Bustamonte, who was one of the passengers of the aforementioned automobile. In his trial, Robert Bustamonte has pleaded to suppress the charges imposed upon him. In making the claim, he has submitted 2Donohue, Laura K. "The Original Fourth Amendment." U. Chi. L. Rev. 83 (2016): 1181. 3412 U.S. 218 (1973)
3CRIMINAL LAW that the search, which has revealed the checks has been carried out in the absence of any warrant and hence it cannot be admitted. However, the Supreme Court has delivered a judgement based on the fact that the search has been effected with the consent of the owner of the automobile. Issue WhethertheevidencecollectedbyJamesRandwillbeadmissibleagainstRobert BustamonteandwhetherthesearchwasviolativeoftheFourthAmendmentofthe Constitution. Reasoning The Supreme Court rendered the search that has been carried out by James Rand to be in compliance to the constitution4. The checks were held to be admissible by the Supreme Court as the search has been carried out with the full consent of the owner of the car. The challenge that has been posed by Robert Bustamonte against the constitutionality of the search effected by JamesRandwasrejectedby theSupremeCourt. TheFourthAmendmenttothe Constitution makes the search and seizure with respect to private property without a warrant to be unreasonable and restricts the same. Again, in this case, the search has been effected with the consent of the owner of the automobile, hence the same cannot be treated to be unreasonable. Significance This case has a great significance in the cases, which involves the warrantless searches with the consent of the owner of the property subjected to search. This case has rendered the consent searches to be in conformity with the Fourth Amendment of the Constitution. 4The United States Constitution, 1789
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4CRIMINAL LAW However, it requires the person against whom such a search needs to be carried out to have the knowledge of his right to withhold the consent5. Summary of Differences InboththecasesofPaytonv.NewYorkandSchnecklothv.Bustamonte,the constitutionality of warrantless searches has been brought under question. In this context, the Fourth Amendment to the American Constitution has been interpreted to analyse the validity of the warrantless searches. In the case of Payton v. New York, the police has made a forcible entry in a private property to make a search, which was a warrantless search. However, the case of Schneckloth v. Bustamonte also involves a warrantless search, which has been carried out by the police with the consent of the owner of the private property. In the former case, the search has been carried out without a warrant and also without the permission of the owner of the property. In the latter case, although the search was warrantless but the same has been carried out with the permission of the owner whose property has been searched. In the case of Payton v. New York, as the search has been effected with a forcible entry and in the absence of any warrant, the Supreme Court has held such a search to be violative of the Fourth Amendment of the Constitution. However, in the case of Schneckloth v. Bustamonte, the Supreme Court has held the warrantless search to be in compliance with the constitution as the same has been effected with the consent of the owner whose property has been subjected to search. Both of the cases deals with warrantless searches, but the first one has been effected without the consent of the owner of the property and the second one has been effected with a prior consent of the owner of the property in question. 5Konvitz, Milton. Fundamental Rights: history of a constitutional doctrine. Routledge, 2017.
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6CRIMINAL LAW Reference Donohue, Laura K. "The Original Fourth Amendment." U. Chi. L. Rev. 83 (2016): 1181. Konvitz, Milton. Fundamental Rights: history of a constitutional doctrine. Routledge, 2017. Payton v. New York 445 U.S. 573 (1980) Schneckloth v. Bustamonte 412 U.S. 218 (1973) The United States Constitution, 1789