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Author Greenhouse (2014) notes that one reason the Court may have drawn the line permitting luggage to be squeezed without probable cause is that as passengers they may have found such practices personally distasteful and intrusive—and thus were motivated to see such actions as a violation against the prohibition against unreasonable searches and seizures. Similarly, a ban against the warrantless search of cellphones was found to be overly intrusive, given that the justices likely have such devices themselves. However, Greenhouse also suggests that interactions with police more common to persons of color, such as that of a man who ran away from the sight of police cars in broad daylight are less apt to be viewed as benign given that they do not conform to the justices’ framework of personal experiences. Legal ideology is inevitably affected by the personal perspective of the justices. The ability to empathize with the situation affects legal interpretations.
Liptak, A. (2011). Judges allow search if police hear evidence being destroyed. The New York Times. Retrieved from: http://www.nytimes.com/2011/05/17/us/17scotus.html
According to an 8-1 US Supreme Court decision, police may enter a home if they have convincing evidence that evidence is being destroyed; in the case of this particular decision the officers were alerted by the smell of burning marijuana. While supporters of the action saw it as not a violation of the Fourth Amendment’s…
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
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case
journal New Technology, Work, and Employment, discusses the ethical, legal, and cultural issues when it comes to a company using electronic surveillance (ES) in various ways in the workplace. The authors review some cases where companies used very intrusive ES into worker's emails; for example, Dow Chemical fired 60 employees and issued reprimands to "hundreds of others" because workers reportedly used "sexually explicit pictures and violent images"(Kidwell, 2009). The
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation. The significance of the exclusionary and the fruit of poisonous
Civil Liberties: Jones case is one of the major recent cases regarding civil liberties that basically examined whether the government requires a search warrant before placing a GPS device on a vehicle and tracking the movements of that vehicle. The ruling by the Supreme Court in this case upholds the extensive right for citizens to be free from unreasonable searches. However, the ruling on the case also demonstrated the struggle within
Courts and the Investigation Process There are many aspects to investigations as they pertain to courts and upholding the law. An investigation is systematic inquiry to determine the facts surrounding an event or situation to determine who, what, where, when, how, and why an event or incident occurred that might be of particular interest to the courts. In the modern age, mainly due to anti-terrorism enforcement, US lawmakers and courts have