Sunday, January 13, 2019

United States v. Chadwick case brief


    1. United States v. Chadwick case brief summary

      1. Police saw a footlocker being loaded onto a train that was heavy looking and leaking talcum powder- something that masks weed smell
      2. Police in Boston were alerted and waiting for the train with weed dogs when the train got there. Respondents took the locker down and without warning the police released the dogs and they found weed
      3. They arrested them and took them to the station along with the locker. They had no reason to believe there were any explosives or dangerous materials in the locker and there were facilities where they could have stored it securely
        1. They did not obtain consent or a warrant but opened the locker and found weed
      4. Unreasonable search
        1. They double locked their locker and had reasonable expectation of privacy
          1. Government is arguing luggage is the same thing as a car - its mobile.
          2. Court- luggage has more expectation of privacy and does not have a regulation like cars.
        2. There were no exigent circumstances - they could’ve gotten a warrant.
        3. Personal luggage has more expectation of privacy than an automobile whose primary purpose is transportation.
        4. Search incident to a lawful arrest only when there are exigent circumstances
          1. They couldn’t have gotten a weapon out of the package and they couldn’t have taken the drugs out and hid them.

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