JUS-104 Topic 2 Memorandum of Law Template (2)
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School
Grand Canyon University *
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Course
104
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by CommodoreScienceBuffalo30
Whalling Law Group, PLLC
3300 West Lakeview Blvd.
Office 221B
Phoenix, AZ 85017
Memorandum of Law
To: Kevin Whalling, Esq.
From: [Daniel Nunez Flores]
Date: [October 1, 2023]
Subject: [Memorandum of Law: Search and Seizure – Radical Earth]
Issue
Issues in the case consist of the Phoenix Police using warrantless DUI checkpoints. The Radical Earth group believes that the government isn’t helping or doing anything to fight climate change. The Phoenix police believe the radical earth group will be involved in an assassination plot against the World Bank. Police acted by setting DUI checkpoints close to the headquarters with no probable cause a search was still conducted on the Radical Earth group.
Facts
The Fourth Amendment protects citizens from unreasonable searches and seizures (Fitzpatrick, 2015). This means that law enforcement cannot take or search you or any of your property as evidence without any reasonable suspicion or probable cause. A probable cause is suspicion of a criminal act based on judgment, facts, or resources of law enforcement. For law enforcement to be able to search or seize legally they must obtain a search warrant. To acquire a search, warrant a judge must take an oath or ensure to state the truth and swear that there is evidence inside the home or with the person being accused. Checkpoints should be legal, but it does not go according to the basis of the Fourth Amendment. Although the main factor is that DUI checkpoints are strategically placed and done to lower the impaired driving chances (McCurley, 2020). When DUI checkpoints are being performed every car can be stopped but the more suspicious vehicles are investigated even more. This decreases the number of drivers under the influence and the death rate of DUIs. (McCurley, 2020). Making sure that the process is legal and conducted correctly so that nobody’s rights are being violated and also ensuring the safety of the people. DUI checkpoints essentially help reduce and control the number of accidents due to drivers who are under the influence.
Discussion
When the Fourth Amendment is applied to the Radical Earth case there is not sufficient evidence that can be used against them in the court. The officers set up DUI checkpoints specifically targeting the Radical Earth group (Crockett, 2023). The checkpoints were not performed legally so the evidence gathered couldn’t be used because law enforcement violated their Fourth Amendment right. Since there was not enough evidence to
conduct a search on the group. Specifically based on their views no DUI checkpoint should be set in place as that is a violation of the Fourth Amendment. There needed to be more evidence or facts collected to have reasonable suspicion or probable cause to act upon the group. For the Radical Earth group to be targeted based on their beliefs, and also for their being searched illegally at a DUI checkpoint should not be used against them as evidence as the police violated their rights, so I believe that the evidence that was collected should not be considered as fruit of the poisonous tree. Having at least one person from the group be caught under the influence I believe should be enough to conduct searches as it can provide reasonable suspicion on the group that many others can be under the influence which then allows for them to be able to conduct searches as they will be under arrest for DUI.
Conclusion
For this case, all evidence collected at the DUI checkpoints should not be used. The case does violate the Fourth
Amendment as the Phoenix Police searched the group illegally and targeted the group strictly on their views. The Fourth Amendment protects citizens from unreasonable search and seizure, the city of Phoenix Police did not have any evidence that can incriminate the Radical Earth group. Citations
FITZPATRICK, C. T. (2015). Protecting the Fourth Amendment so We Do Not Sacrifice Freedom for Security.
Wisconsin Law Review
,
2015
(1), 1–11.
Crockett, C. (2023). Fourth Amendment Class Lecture. Grand Canyon University
.
McCurley, J. (2020, May 20). Are Dui Sobriety Checkpoints Legal?
dui.drivinglaws.org. Retrieved October 4, 2021, from https://dui.drivinglaws.org/resources/are-sobriety-checkpoints-aimed-at-catching-dui-offenders-
legal.html
.
Note regarding citations:
Be sure to cite three to five relevant scholarly sources in support of your content. Because of the practical limitations of the course, you will not be learning legal citation work such as what would be found in the Bluebook, a citation tool utilized by attorneys. Instead, you will follow APA formatting for citation work. Remember to still cite in your legal memorandum (case law, etc.), and create a separate document for citations
.
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