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Brandy Austin Case Summary

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Case 3-5 pg 97, 4-5 pg 129, 6-6 pg 192
Case 3-5 pg 97
Issue: Should Brandy Austin's case be transferred to a South Carolina venue?
Decision: The case between Brandy Austin and Nestle should have a change of venue. The Venue should be held in South Carolina.
Reasons/Support: The venue should be changed because Nestle, the defendant, asked for the change in venue. Only the defendant can request for a change of venue in a court of law. It should be changed because Nestle is located in South Carolina and Austin and her child are residents there. Nestle can request to change the venue and with the reasons provided, the judge will most likely agree to a change of venue.
4-5 pg 129
Issue: Is Amtrak negligent? What was the proximate cause of the …show more content…
Should a warrant be required? Could a search proceed solely on the basis of probable cause? Would a reasonable suspicion short of probable cause be enough?
Decision: The 4th amendment should be applied to the officers search of a passanger during a traffic stop when searching the vehicle. A warrant should not be required. An officer could be held to a probable cause. An officer who conducts a routine traffic stop could preform a patdown search of a passanger on a reasonable suspicion that the person could be armed and dangerous.
Reasons/Support: Under the fourth amendment, an officer must obtain a search warrant to search Lemon Johnsons car. A warrant should not be requied because it is unreasonable to obtain a warrant for the search of a passanger vehicle. Although it is reasonable to have some sort of warrant to avoid police misconduct. The officer must be held to a probable cause because it is when an officer beleives his has reasonable grounds to search someone. And because the vehicle is already stopped, the additional intrusion is minimal. Having the officer preform a search keeps the officer and people invoved and surround the situation safe. Reasonable suspicion short of probable cause is enough because Johnson looked as though he could be armed and dangerous because it was posted that he was apart of a gang known as the

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