An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car.
When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is PROBALE cause to believe the warrant will produce evidence of a crime. It cannot be because the officer has heard on the street the homeowner is a drug dealer. It cannot be based on the fact that the homeowner has been caught dealing drugs in the past. It must be because at this exact time in history there is reasonable and probably cause to believe that a crime is being committed. In other words it cannot be based on past…...
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33).
In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any new applications of writ following the death of George II. Otis, using the phrase "A man's house is his castle," argued in the case that the writs were a direct violation of Englis liberties and traditional English customs. While his case was heard, the court elected to defer decision until English legal authorities could decide the case. Eventually, the court upheld the use of writ, but no further writs were issued (Knappman, 34).
Clearly, the issue of search and seizure was to be important in the foundation of the United States, and one can see even prior to the Constitution evidence of such importance in the states' ills of Rights. Virginia, the…...
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Bibliography
Holt, Joshua.C. Magna Carta. Cambridge, MA: Cambridge University Press, 1992.
Knappman, Edward W. Great American Trials. New York, NY: Barnes and Noble Books, 2004.
A www.questia.com/PM.qst?a=o&d=62041836
Lasson, Nelson B. The History and Development of the Fourth Amendment to the United States Constitution. Baltimore, MD: Johns Hopkins Press, 1937.
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the party concerned gives an acceptance for search after the illegal entry was done, then even the consent is tainted and invalid. What that means is that any acceptance of the search now from Mary Ellis would be invalid in the eyes of the law, and would not help the police in using the evidence that they have against William. The other problem was that evidence recovered from what was clearly a residence could not be accepted under the plain view doctrine, as the initial search itself was not under any warrant. The question of plain view doctrine is applicable only after the initial entry is made…...
Traffic Stop
In the example, four men of unidentified race, acting in an unpredictable way in a marginal area of a city, fled in a car when asked simple questions by police. The police pursued, pulled them over, questioned them, and found that their stories did not seem truthful. Items found in the car were eventually connected to a crime.
According to LaFave (2004), the only issue in such a case is whether the traffic stop was legitimate or not (LaFave, 2004). To establish that, the police must have "probable cause." In this case, the officers suspected that the men may have engaged in a crime, but were essentially acting on a hunch. LaFave illustrates that such traffic stops meet such probable cause even when the evidence is not clear. Other rulings have demonstrated that during this stop, officers can ask questions of the occupants of the car, and that these initial…...
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BIBLIOGRAPHY
Johnson, Tracy. 1999. "Curb on Traffic Stops Dismays Police." Seattle Post-Intelligencer, July 2.
LaFave, Wayne R. 2004. "The "routine traffic stop" from start to finish: too much "routine," not enough Fourth Amendment." Michigan Law Review, August.
Rosenthal, Lawrence. 2000. "Gang Loitering and Race." Journal of Criminal Law and Criminology 91:1, p. 99.
Computer Hackers Case Study
Hackers are people portrayed as super-criminals who have powers that enable them roam the internet searching for valuable information that is contained in an individual's or company's computer. The article is about a case of the United States v. Jarrett.in Jarrett the issue was if the prosecution was in apposition to use information that had been obtained by the search of private hackers of the defendant's personal computer. A computer hacker known as unknown user had hacked into steigner's computer and stumbled into evidence of child pornography. He went ahead to send emails containing the images and Steiger's personal information to the Alabama police department. Steiner was later arrested and he was convicted and sentenced to 171/2 years in prison. Unknown user was not to be prosecuted for hacking since he was a foreigner and thus was not subject to the laws in the U.S. He later…...
searc and seizure laws. Te writer uses several cases to present a detailed exploration of searc and seizure laws and ow te courts rule wen tey are callenged. Tere were five sources used to complete tis paper.
Te Constitution of te United States provides protection from illegal searc and seizures troug te fourt amendment. Te fourt amendment is written in suc a way tat it can be vague wen it comes to wat is and wat is not a legal searc and seizure. Because tose wo wrote te constitution are no longer ere to clarify te points tat are not clear it is left to te United States judicial system to sort it out and make judgment calls wen searces and seizures are callenged, eiter by te government or by te recipient of te searc and seizure. Tis process places an enormous subjective burden on te court system but tere…...
The second criterion for distinguishing REP situations from non-REP situations in such cases is the physical relinquishment of the premises by the individual who was previously entitled to REP in that area. Typical scenarios of this type involve cases where law enforcement authorities search a hotel room that has apparently been vacated even prior to checkout time and the technical end of the lease period. In such cases, courts have determined that actual relinquishment (such as removing personal belongings and leaving the room key) terminate any REP even before the end of the formal lease period.
Critique:
The most questionable par of the article is the explanation of the converse situation: namely, where the room occupants do not relinquish the premises but remain in possession beyond the formal lease term. According to the author, the general rule is that any REP terminates upon formal expiration of the lease term. That does not…...
It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search and seizure laws relative to surveillance as well as their property (Kitch, 1968). This is important because it shows that even though this case took place in the late 1960's, the new technologies that are making their way to the open market will ultimately be used to track and gather information on criminals and criminal activity, and that these new technologies will also have to fall under the umbrella of the protection guaranteed by the Fourth Amendment.
orks Cited
Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"
Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.
Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1…...
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Works Cited
Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"
Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.
Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1 (Spring, 1983), pp. 1-171.
Kaplan, John. (1961). "Search and Seizure: A No-Man's Land in the Criminal Law."
Safford Unified School District v. edding and School PolicyIntroductionSafford Unified School District v. edding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescription-strength ibuprofen pills at a school in Arizona.FactsIn 2003, Savana edding, a 13-year-old student at Safford Middle School in Arizona, was strip-searched by school officials. A fellow student had accused Savana of possessing prescription-strength ibuprofen pills, and as a result, the school officials searched Savana\\\'s backpack, finding no pills. Then, they made Savana remove her clothing, including her bra and underwear, and searched her. No pills were found during the search, and it was later revealed that the student who had accused Savana had never actually seen her with any pills.Procedural History: Savana and her mother, April edding, filed a lawsuit against the school district, the school principal, and the school nurse,…...
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ReferencesClarke, E. W. (2010). Safford Unified School District# 1 v. Redding: Why Qualified Immunity Is a poor Fit in Fourth Amendment School Search Cases. Brigham Young University Journal of Public Law, 24(2), 313-345.Harris, D. A. (1993). Factors for reasonable suspicion: When black and poor means stopped and frisked. Ind. Lj, 69, 659.Ferguson, A. G. (2007). The high-crime area question: Requiring verifiable and quantifiable evidence for fourth amendment reasonable suspicion analysis. Am. UL Rev., 57, 1587.Katz, L. R. (2004). Terry v. Ohio at Thirty-Five: A Revisionist View. Miss. LJ, 74, 423.Mitchell, J. E. (1991). Selective Application of the Fourth Amendment: United States v. Verdugo-Urquidez. Cath. UL Rev., 41, 289. Parker, D. D. (2009). Discipline in Schools after Safford Unified School District# 1 v. Redding. NYL Sch. L. Rev., 54, 1023.Safford Unified School District v. Redding, 577 U.S. 364 (2009);Torres, M. S., Brady, K. P., & Stefkovich, J. A. (2011). Student strip searches: The legal and ethical implications of Safford Unified School District v. Redding for school leaders. Journal of School Leadership, 21(1), 42-63.
Tresspas
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF FACTS
Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.
The sudden injection of the fairy land creatures to this part of the town and…...
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Works Cited
Gallin v. Poulou. No. 16602. California . 10th April 1956.
Halperin v. Pitts. No. A139639. Washington County Circuit Court. 19th March 2010.
Kelo v. New London. No. 545 U.S. 469. Supreme Court of the United States. 23rd June 2005.
Youngstown Sheet and Tube Co. v. Sawyer. No. U.S. 579 . United States Supreme Court . 2nd June 1952.
America react to the Japanese seizure of Manchuria in 1931?
To begin with we have to analyze the situation around China and international relations between the U.S. And Japan as they were two major powers of the Pacific region for a long time after ussian Empire had collapsed. There is no doubt that China was a desirable region both for the U.S. And Japan as it had extremely rich natural resources and huge market for foreign goods (Chinese industry was not developed at all). Japanese imperialists and owners of leading American corporations dreamed of strengthening their positions in the region and gaining unlimited access to the huge Chinese markets and resources. Japan was a new superpower of the region after it rose from feudal country to developed industrial state and became a dangerous rival both for the United States and ussian Empire. After ussian evolution, United States and Japan became…...
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References:
1. 1. Lafeber, W. The Clash: U.S.-Japanese Relations Throughout History Norton & Company; 1998
2. Rosenfeld, Michael Japanese aggression Chesterfield publishing, 1972
3. Tomine, T. Manchurian Crisis JTR, 1967.
4. Rana, M. The Manchurian Myth: Nationalism, Resistance, and Collaboration in Modern China by University of California Press2000p.
limits that should be placed upon search and seizure in public schools.
Apply specific legal rulings to support your position.
Analyze the New Jersey v. T.L.O. case and explain how it supports or undermines your argument.
Recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure.
It seems to me that search and seizure of student and faculty member possession should be scrupulously directed by the Fourth Amendment and the Fifth Amendment and that searches conducted on students should be implemented with the same dignity and in the same manner as they are conducted on faculty members. Research shows that schools are becoming increasingly restrictive in their investigation and that they, frequently, fail to protect even the basic Fourth Amendment privacy rights of the students (Berger, 2003)
The Fourth Amendment prohibits "unreasonable" searches and seizures. It is concerned with the manner that the school may conduct…...
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Sources
Berger, R (2003) The "Worst of Both Worlds": School Security and the Disappearing Fourth Amendment Rights of Students Criminal Justice Review Autumn 28 2 336-354
Beyer, D. (1997) School Safety and the Legal Rights of Students. ERIC Clearinghouse on Urban Education. ERIC/CUE Digest, Number 121.
Pinard, M (2003) From the Classroom to the Courtroom: Reassessing Fourth Amendment Standards in Public School Searches Involving Law Enforcement Authorities Ariz. L. Rev., 24, 1
Physical Evidence
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.
A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.
Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.
Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with associated circumstances, is authentication of evidence.
5.…...
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References
Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.
Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:
Thomson/Wadsworth.
S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
obbery Scenario
In this particular scenario, the police stopped a driver based upon the fact that the driver matched the description of the cashier who was the victim of the robbery and the driver had an Alabama student parking sticker (the store's robber was wearing a cap and a t-shirt from this university). The suspect was not speeding when the license was obtained, it should be noted. But the actions of the officer were consistent with stop-and-identify laws which permit police to ask suspects for licenses or other identification.
Supreme Court has generally not looked favorably upon stop-and-identify laws when they have been under its review. In the case of Kolender v. Lawson, 461 U.S. 352 (1983), one of the most recent stop-and-identify cases, the statute was deemed "unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated…...
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References
Hiibel v. Sixth Judicial District Court of Nevada. (2004). Retrieved from:
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;
And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw).
Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search and Seizure and the Fourth Amendment – FindLaw). How much protection a citizen enjoys in any given instance is dependent on apprehension nature, searched location characteristics, and circumstances of search. However, for stopping or keeping any citizen in custody, law enforcement officials need to have satisfactory suspicion (in other words, impartial, soundgrounds to believe the apprehended individual was…...
As an AI, I do not have personal beliefs. However, the issue of government power to search and seize personal property without a warrant is a complex and controversial one.
Many people believe that protections against warrantless searches and seizures are essential to uphold individual privacy rights and prevent government overreach. The fourth amendment to the United States Constitution, for example, protects against unreasonable search and seizure and generally requires that a warrant be issued based on probable cause before a search can be conducted.
On the other hand, some argue that in certain circumstances, such as during emergencies or when....
Search and seizure laws balance the rights of individuals with the needs of law enforcement in several key ways:
1. Probable Cause: The Fourth Amendment to the U.S. Constitution requires that law enforcement officials have probable cause before conducting a search or seizure. This means that they must have a reasonable belief that a crime has been or is being committed. This helps protect individuals from unwarranted searches and seizures.
2. Warrants: In most cases, law enforcement officials must obtain a warrant from a judge before conducting a search or seizure. This ensures that searches and seizures are conducted within the bounds....
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