Case Brief

Case Brief

Caption

Joe was standing in the queue outside an ATM machine was observed by a policeman who was on foot patrol and found him suspicious. Officer interrogated the person and found he has nothing to identify him except an ATM card. Officer started a search and found that Joe is carrying a weapon. Joe is convicted for the custody of unlicensed weapon at public place and was arrested.

Introductory Statement

The Petitioner, Mr. Joe was going towards a nearby bank in order to withdraw some amount from his bank. Previously he has been robbed four times so he considered that this time he should carry a weapon to protect him from theft. According to him self-defense is above law and police even in last four robberies were unable to stop that happen. So with this he went to the bank ATM near the corner of his street and waited in queue for his turned.

While on other hand His certain head movements and tension on his face alarmed the officer Mr. Donut. Officer Donut was on foot petrol and seeing him strange he decided to interrogate him. Officer observed that petitioner attitude was suspicious and that ATM point was famous for robberies. Subsequently he was seized and frisked by officer Donut which officer clams that search for weapon was to ensure his and public defense. After searching him officer found one concealed weapon in the inner pocket of his jacket and that came as proof to Mr. Donut that his intentions were to rob someone an ATM.

Statement of Facts

The officer Donut who was on regular foot petrol noticed Mr. Joe who was standing in the queue outside the ATM of the area bank. Officer noticed the unusual head moves and pacing of Joe mysterious and suspected him as robber. Officer believed that he is casing a line in order to rob bank customer. Mr. Donut decided to interrogate the suspect and ask about his identity so he rushed toward Joe. As the nature of the scene in order to ensure public and his safety he decided to make a quick search of Joe after interrogation. While quick search officer Donut recovers a concealed weapon from Joe's jacket. Joe was arrested for carrying an illegal weapon without legal permission and was convicted for potential robbery.

While on other hand Joe claims that he was carrying weapon only for his security. He has been robbed previously at same spot various times earlier. And files petition that search for any weapons without any possible cause for arrest is an irrational frisk and officer exploits the Fourth Amendment to the United States Constitution. Further on behalf of fourth amendment claims to be not guilty. 

Argument

Looking at the scene it starts as Joe who is a normal tax payer walked through downtown on Friday afternoon. After his work he moved toward nearest bank intended to use it ATM to withdraw some cash. Joe was wearing old clothes has he had some dusty boxes of files to ...