Discussion Board Assignment

Question

Y is an undocumented alien who was caught speeding by the police. While he was stopped, the police found five pounds of cocaine in his car, located on the passenger side and open to view by the police.

 Y was arrested and brought before the court, where a judge set his bail at a half a million dollars. Y appealed claiming his bail was too high. What are the Constitutional arguments that Y can use in his appeal? (List the specific Amendment or Amendments that apply) You are the judge handling the appeal. How do you decide and why?

Answer 1

8th Amendment prohibits excessive bail. It might be excessive, as the defendant is presumed innocent, and bail is only intended to be to make sure he shows up for his court appearances. His ties to the community may be more important in determining possible flight risk, far more than how much drugs there were. Does he have a job, family, children to support, how long has he been a resident. Does he own a home?

Being an illegal alien is the worst aspect in terms of being a flight risk. The judge could just hold him with no bond.

Oddly enough the judge could hold him without bail, and then the courts would find no "excessive" bail.

Maybe they can't prove he's illegal?

He could try a 4th amendment illegal search and seizure argument, but it was in plain sight, so that argument fails.

In Missouri and maybe one other state, pretextual stops are illegal. So it could be an illegal search & seizure if police used a speeding infraction as a pretext to stop the car. then the drugs are the fruit of the poisonous tree. How fast was he speeding? IF 56 in a 55 and police otherwise never stop anyone within 5 mph over, it looks like a pretextual stop, and maybe racial profiling invoking the Equal Protection Clause of the 14th Amendment.