California v Carney :: essays research papers

California v. Carney involves a Drug Enforcement Agency Agent, Robert Williams, who was observe respondent, Charles Carney, as he approached a youth in downtown San Diego. Having receive previous information that that particular repulse home base was being use to exchange sex for marijuana, Williams accompanied by other agents kept the labor home low surveillance (Kamisar, LaFave, Israel, King, p 260, 2002). During the time that the agent had Carney under surveillance, he saw Carney bring the youth back to his locomote home, which was park in a lot (Kamisar, et al., p 260, 2002). After approximately an hr and fifteen minutes the youth exited the motor home. The youth was then stop by the agents who engaged him in conversation. At this point the youth told the agents that he had received marijuana in return 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 resp ondent stepped out iodin of the agents entered the home without having a warrant or any form of consent. inside the agent saw marijuana, and a following investigation at the precinct heart-to-heart 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 Court questioned if the warrant less see of the respondents motor home violate his sternAmendments chasten to privacy. After his motion to exclude the evidence found in the motor home was denied, the California Supreme Court held that the search of the motor home was unreason up to(p) and that the motor vehicle exception 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 reminiscent of those in a mystic residence than in a vehicle (Kamisar, et al., p 260-61, 2002).The court was able to some to this conclusion based on the idea that the expectations of privacy in a motor home are more like those of a home rather than a car because the most important control of motor homes is not to endow with transportation but to provide the occupier 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.