Knowles vs Iowa - case brief PDF

Title Knowles vs Iowa - case brief
Author Kara Chrispen
Course Rules Of Evidence For The Administration Of Justice
Institution Illinois State University
Pages 1
File Size 32.3 KB
File Type PDF
Total Downloads 5
Total Views 139

Summary

case brief...


Description

Andy Chrispen CJS 305.001 Knowles vs. Iowa 525 U.S. 113 (1998) FACTS: Patrick Knowles was stopped in Newton, Iowa for going 43 miles per hour in a 25 mile per hour zone. The police officer issued a citation to Knowles and then began a search of the car. He found a bag of marijuana and a pot pipe under the driver’s seat. Knowles was arrested and charged with dealing of a controlled substance. During trial Knowles motioned to suppress because he said that this could not have been a search incident to arrest due to the fact that he was not arrested. There was no consent given nor was their probable cause for the search. The Iowa Supreme Court has decided that there can be a search incident to citation under Iowa law. Based on this information, the trial court denied the motion to suppress and found Knowles guilty. QUESTION: Is it legal to search a person’s car that has been given a citation rather than put under arrest? NO OPINION: Rehnquist, C.J. 1. 2. 3. 4.

There is no reason to search a person’s car after a citation is given Officer safety is a big concern, but a traffic stop does not pose much threat to an officer There could have been a pat down search There was no reason to search to preserve evidence either a. There was not going to be any evidence to find in this case. The citation is the only thing needed. 5. Judgment is reversed and remanded...


Similar Free PDFs