Herrera v. Collins
The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing charges and conviction for the murder of two police officers. Based on eyewitness testimony and an admission, he was later convicted. However, about ten years later there was an appeal based on the claim that there was new evidence and that the defendant's late brother was the actual assailant. A temporary stay was granted but was later rescinded and Herrera was executed.
In two separate but close-together incidents, two police officers were killed by a man that was later identified to be Herrera. Added to a handwritten letter that ostensibl admitted guilt and some circumstantial evidence, Herrera was convicted. There was an appeal right after the conviction that fell short…… [Read More]
Stop and Frisk
In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed and dangerous, they may conduct a frisk, a quick pat-down of the person's outer clothing" (LLI, N.p.). A stop and frisk does not require the same level of detention as an arrest and does not trigger the same rights, such as requiring a subject to be Mirandized or advised of a right to an attorney. Furthermore, stop and frisk searches are only supposed to be conducted when there is a reasonable suspicion that criminal activity has occurred. For example,…… [Read More]
Legal Issues in Criminal Justice
This case addresses an incident in which a supervising Sheriff learns that Officer Narcissus has accessed pornographic images of children via the department's computer that is located in his office. The Sheriff seized the computer, the Officer protested vigorously and was arrested by the Sheriff. The following legal cases apply: U.S. v. Ziegler, 474 F.3d 1184 (9th Cir. 2007): An employer can give consent to official searches of an organization's computers despite any expectation of privacy in work computers that employees may have. Although an explicit policy regarding use of departmental computers, its absence does not preclude a warrantless search of the computer when misconduct is suspected. U.S. v. Barrows, 481 F.3d 1246 (10th Cir. 2007): If a personal computer may be searched if two conditions apply: 1) the personal computer was connected to the employer's network, and 2) the employee takes no steps to…… [Read More]
Public Safety vs. Individual ights
The balance between public safety and individual rights is a delicate one. Assuring public safety as well as privacy and freedom from unnecessary harassment and security procedures is usually not all that hard to pull off but there are situations and instances where it can be very dicey. Easy examples that come to mind are political events, DUI checkpoints and so forth. Some say all the stops should be pulled out in such events and/or that no better options exist. Other people decry and condemn anything that infringes upon the rights or convenience of those that are not doing anything wrong. While not the cleanest solution, the balance that must be struck is somewhere in the middle and it is rare that all sides are placated and left with no complaints.
One dimension of the public safety vs. personal rights debate is the question…… [Read More]
Tennessee v. Garner. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed.
At the end of the trial the court granted a motion in favor of the police department and the city. The court also found for the other defendants on all issues. When the plaintiff appealed, the Sixth circuit upheld parts of the district court's verdict, but dismissed the cases against individual defendants. The upper court in its decision remanded with respect to a Supreme Court decision in the case of Monell v. Department of Social Services, in which the court held that municipalities could be subject to liability the U.S. Code title 42, section 1983 (Blume, 1984). The district court was further instructed to weigh whether the city…… [Read More]
U.S. Constitution -- Fourth Amendment
At the moment of independence of the United States from Great Britain, the colonials sought to create a charter of laws and regulations that would preserve the people's rights when placed in the face of government. Monarchy for the colonies was at an end; because of the experiences of the people, it was clear to the colonial inhabitants of the then-13 colonies that made up the United States that there would be a need to protect themselves from the abuses of government, be they monarchy or democracy. This desire of protection gave birth to the creation of the United States Constitution in 1787. The Declaration of Independence called upon the abuses of power of the British monarchy. As a follow-up, the Constitution further establishes the extent of the people's rights. That said, the first ten amendments focuses on the definition of the people's…… [Read More]
If the defendant is indicted, then a trial may follow. The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal rights must be upheld in the process of a trial. A person may not be treated unfairly relative to others with respect to his or her trial. In addition, the Fifth Amendment grants the right to fair compensation, whereby any private property that is taken for public use must by compensated for fairly. This works with respect to eminent domain in particular, where the government seizes property for the public good; the Fifth Amendment demands that the property owner be compensated for this seizure (CIN, 2011).
The different elements of the Fifth Amendment are important for a number of reasons. Related somewhat to the Fourth Amendment, the protection…… [Read More]
Fourth Amendment elated to Computer Searches
The Fourth Amendment is supposed to protect individuals from undue searches and seizures. Yet how this Amendment affects the searching of electronic storage (computers, drives, etc.) is unclear, as it was composed long before the Digital Age came into being. Thus, there have been various Acts and amendments geared towards explaining how the Fourth Amendment should be applied in the case of digital property.
The Electronic Privacy Control Act (ECPA) was first made into law in 1986. It was meant to address how government agencies could use electronic devices and what they could legally tap into and/or confiscate. The ECPA consisted of the Wiretap Act, the Stored Communications Act and the Pen egister Act. The Stored Communications Act is what set the parameters for how agencies could search stored files and data collected by service providers. But as this was 1986 and the Internet…… [Read More]
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]
The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.
Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George . Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).
Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:
As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called ar on Terror as conceived by the former presidential…… [Read More]
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 law and journal articles) to highlight the issues. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. (McInnis, 2009) (Lively, 1999)
The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: the use of…… [Read More]
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure.
Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.
Greenhalgh, illiam ., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.
Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.
illiam . Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause,"…… [Read More]
Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).
For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of the challenges in determining a fair balance. As a result of this interpretation, a public-order advocate may argue that the exclusionary rule has restricted the capabilities of law enforcement officers to effectively safeguard the community. In contrast, an individual-rights advocate may claim that the changes have contributed to positive police reforms, which necessitates the expansion of such rights. Therefore, the exclusionary rule continues to generate various debates regarding its impact and relevance in the modern society.
Generally, the exclusionary rule is a right to be free from the Fourth Amendment's unreasonable searches and seizures, which in turn provides a dilemma for the society. For some people, this rule gives every individual the right to…… [Read More]
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…… [Read More]
The government was triggered for the sake of the people. People had honor and dignity. each person was important, and the privacy and dignity of each had to be respected.
Given the ambitions of man and man's love for power, it is all too easy for man to rise to positions of power and dominate others. The Fourth Amendment is important in that it protects the honor and asserts the significance of even the 'least' individual in the country. In this way, the Fourth Amendment prevents the situation of a Fuhrer or Third Reich happening on this soil since certain safeguards are put into place that have to be kept at all costs.
Further indications of the importance of this Amendment can also be seen from the instance when Jentick, an Earl of Camden, was indicted for attacking both government polices and the monarch. His private papers were ruffled and…… [Read More]
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.
he language of the provision which became the Fourth…… [Read More]
Prosecutors understandably want to win cases and police want to keep criminals off the streets: that is their job and usually they perform it well. However, illegal search and seizure is against the law just as armed robbery is against the law. To turn a blind eye to illegal search and seizure is to invite tyranny into our borders, to create a state in which citizens live in fear of the police and in which police can routines abuse their position of power.
As Fyfe suggests, police should periodically receive retraining and reeducation and should be routinely subject to "supervision, monitoring, and discipline" (p. 381). Public policy should reflect a stricter interpretation of the Fourth Amendment and we should do away with Operation Pipeline-like slippery slopes. Police officers and public prosecutors do a good enough job without having to resort to illegal means. Permitting a ridiculously liberal interpretation of the…… [Read More]
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.
The media can also have a more…… [Read More]
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.
The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]
' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections.
The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual…… [Read More]
Shutting Mosques, Trump and First Amendment
The proposal by trump, at its very core, would seek to sanction a religious institution by virtue of the adherence of its members to certain religious beliefs. Indeed, this is exactly what the first amendment speaks against. The first amendment protects religious freedom and outlaws anything that would bar the free exercise of one's religion of choice. It is referred to as the Free Exercise Clause. Trump could say that he only sought to sanction the mosques that propagate what he refers to as radical Islam. However, he did not provide any evidence of activity or advocacy on any mosques.
The crucial right to religious freedom is enshrined in the U.S. constitution's first amendment. It states that Congress is bound not to make any law that respects establishment of a given religion or stops the free exercise of religious practice. The Free…… [Read More]
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008).
Search and Seizure and Unlawful Arrest Issues:
The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.
However, the police did seize Fred's vehicle, which was an impermissible…… [Read More]
The author of this report is to answer to three major questions as it relates to the DNC scenario advanced by the story that preceded it. The first question is the legal claims relating to the use of the LAD. The second question is the basis that should be used to deny Amnesty International from getting their permit and the implications that this could cause. The final question requires the identification and analysis of any legal claims that might arise if Greenpeace has a protest in the shopping mall and how pat-downs and other security measures may lead to legal or protest-related issues. While the Miami and other personnel have a responsibility to keep the peace and keep people safe, they need to tread very carefully when limiting free speech and/or freedom of assembly as well as over-aggressive use of less-lethal technologies and interventions that can still maim…… [Read More]
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)
At the heart of these issues…… [Read More]
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003).…… [Read More]
Mapp V. Ohio
Over the centuries, there has been considerable debate as to the application of the Bill of ights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together,…… [Read More]
Acquainted With the Law
Various Law Terms-3
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).
Illegal Insider Trading
This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).
Characteristics of the Inside Information
It must be important and private (Priebe, 2012).…… [Read More]
Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. However, the potential conflict that this amendment commonly incites against law enforcement practices causes much debate over specific application of its provision.
In the case of Dopey v. The People of the State of California, the defendant has invoked the amendment, contesting that his conviction on charges of drug trafficking was invalid to the fashion in which officers obtained the evidence. Upon careful examination of the case, and based on the nature of precedent, Dopey's assertion is correct. Both the cash found in his house and the cocaine found in his car were collected by law enforcement in violation of the Constitution.
According to the "exclusionary rule," first invoked by…… [Read More]
Counter-Terrorism and Social Media: Freedom vs. Security
The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11, it was also considered to be one of the safest nations of the world. The attacks on the World Trade Center towers, in particular pointed out that there are gaps in security and that even the United States represent a vulnerable target. Since then, the security measures have been seriously increased, in certain areas of expertise; security rules have been created if they did not exist. All these measures fueled a constant debate on whether the security that has been increased affects or not the liberties and freedoms of the American population.
On May 1st 2011, Osama bin Laden has been announced dead by the U.S. President, arack Obama…… [Read More]
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.
Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy. However, according to the conclusion of the Court, the Fourth Amendment does not "protect all property interests or apply to all situations where people might wish to protect their privacy." Perhaps, never has this amendment felt more threatened than today. The attacks on the orld Trade Center on September 11th, spurred the hite House Administration to create the office of…… [Read More]
The decision as to which protests should be permitted needs thorough evaluation in this particular case.
The Amnesty International protest proves to be at a safe enough distance from the convention and is also a more secure situation, where police and other law enforcement can better keep suspicious bags and packages from entering the area. However, there could be a number of legal claims if the Committee grants a permit to Greenpeace to conduct a protest at the shopping mall. There is a possibility that protesters might spill into the roadway adjacent to the American Airlines Arena, where the Conference is taking place. Due to the fact that it is so close, it would be difficult to keep people from entering that area from the protest, which could be a danger to all the attendees and politicians inside. If the permit is granted, police can not lawfully conduct pat downs…… [Read More]
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…… [Read More]
com. etrieved on November 24, 2004 from http://slate.msn.com/id/2088161/
'The U.S.A. PATIOT Act: Preserving Life and Liberty." (2003). Department of Justice. etrieved on November 24, 2004 from http://www.lifeandliberty.gov/
Note: Synopsis and outline are on next page
The PATIOT Act: Synopsis and Outline
The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the Civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. constitution and violates the due process law of the Fourth Amendment.
Provides basic information about the U.S.A. PATIOT Act and a 'contract statement' of…… [Read More]
Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).
One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]
California Versus Greenwood
The police in Greenwood's local area suspected him of conducting illegal drug trade from his residence. The police did not have any evidence to secure a search warrant in his residence. So, they decided to rummage through the garbage he had left for pick up at the curb of his residence. They uncovered evidence that suggested drug abuse. They used the evidence to successfully secure a search warrant. They proceeded to search his house and arrested him and charged him for felony (Minor, 2-4). The search was illegal. The subsequent debate for scholars and critics alike was on whether the search without a proper warrant amounted to a violation of the Fourth Amendment.
The case under review touched on the protections extended by the law in the 4th Amendment including the exclusionary limits. The question arises on what exactly the limit of an individual's privacy…… [Read More]
1993). Within medical settings in particular, physicians and supervisors are often too over-burdened with their myriad formal responsibilities to take note of minor irregularities in protocols and procedures. Because coworkers are often in the best possible situation to notice inadequacies, it is important for all levels of employees to be equally involved in the overall CQI process.
Optimal implementation of an effective CQI process also requires a culture of openness to suggestion and confidentiality with respect to reporting more serious issues such as those that result from negligence or willful misconduct on the part of co-workers.
11. The textbook states that "an organization's most vital component in costly resource is its staff." With this being the case, the human resource function plays a very important role. Should the human resource function be part of the senior management team?
In terms of policy implementation and organizational philosophy, the human resources function…… [Read More]
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…… [Read More]
S. No. 04-1739 (2006)
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries…… [Read More]
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law.
4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA?
The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant…… [Read More]
Policemen of the World:
By the beginning of the 20th Century, the United States has become the principal force in international relations. As a result of the growth of the country, some people argue that the American military operates as the world's police. In addition, the United States' elevated status has resulted in the occurrence of shifts and consequences that have not only changed the country but also had a significant impact on the rest of the world. The consideration of the United States military as the world's police is evident in its continual use to resolve several crises in different places across the globe. In the past few decades, the United States Army has been used in international incidents that are geared towards the fight against global terrorism. Moreover, successive American governments have used the military in international incidents to promote the security of its citizens across the borders.…… [Read More]
Privacy & Civil Liberties
needs to communicate goals to the American public that include protecting the nation against threats to national security, ensuring the safety of citizens, friends, allies, and nations with cooperative relationships (Clarke, 2013). Promote national security and foreign policy interests, including counterintelligence, counteracting, and international elements of organized crime. Protect the right to privacy. Protect democracy, civil liberties, and the rule of law, eliminating excessive surveillance and unjustified secrecy. Promote prosperity, security, and openness in a networked world adopting and sustaining policies that support technological innovation globally and establish and strengthen international norms of Internet freedom and security. Protect strategic alliances that preserve and strengthen strategic relationships, protect those relationships, and recognize the importance of 'cooperative relationships'.
The U.S. government must protect national security and personal privacy that includes Fourth Amendment rights. Risk management should involve the rights to privacy, freedom and liberties on the internet and…… [Read More]
Advances in electronic communication have made it significantly easier for white-collar criminals to commit fraud. The crux of this point is based on the fact that virtually all aspects of electronic communication are stored and accessible to someone, somewhere. Anything a person does on the internet or via the telephone -- whether mobile or conventional phones -- is recorded and is able to be tracked. Thus, white-collar criminals simply need to gain access to this data since it is available in abundant amounts. Once they are able to access that data, they can successfully leverage relevant aspects of it to their advantage. For instance, they can take a credit card number and make purchases.
If I were a swindler I could use the increasing reliance on electronic communication to my advantage by breaching the secure information of a retail store such as Target and accessing credit cards, and using them…… [Read More]
Fourth Amendment, which restricts searches pursuant to a probation circumstance to those with a 'probationary' purpose, removes any wrongdoing in the case of United States v. Knights with regards to warrantless searches. Often times there exists a thin balance between safeguarding citizens and observing probationers. Any observation made by law enforcement that might causes suspicion of a probationer can then translate into reasonable inquiry and therefore make it legal to perform searches without a warrant.
Under the circumstances of the case, the respondent, Knights was living under precise probationary limitations that allowed law enforcement to conduct a search of his person regardless of warrants. espondent came under suspicion after a vandalism spree occurred. A detective noticed the respondent and then searched and arrested him as a suspect.
His summary probation was a result of a drug charge. Because of this probation, and after he signed and agreed to submitting to…… [Read More]
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…… [Read More]
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in more detail below, however, it is important to first discuss some of the key court cases that help establish the Constitutionality of FISA. Specifically, this report will address three cases that directly feed into the Constitutional requirements of FISA: Olmstead v. U.S. (1928), Katz v. U.S. (1967), and U.S. v. U.S. (1972).
Olmstead v. U.S. (1928)
For the civil libertarian, the case of Olmstead v. U.S. (1928) is a nightmare violation of constitutionally guaranteed Fourth and Fifth Amendment rights. In the case, oy Olmstead was convicted of bootlegging during the Prohibition years of U.S. history. Without obtaining any kind of judicial approval, federal agents placed wiretaps in the building Olmstead…… [Read More]
easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)
Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.
Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…… [Read More]
aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…… [Read More]
Through experience, the FBI has acquired insights into the fact that there are no dividing lines distinguishing foreign intelligence, terrorist and criminal activities. Foreign intelligence, terrorism, and criminal organizations and activities are interdependent and interrelated (Abele, 2005). Files belonging to the FBI are full of investigation cases where the sharing of information between criminal intelligence, counterintelligence, and counterterrorism investigations is essential to the ability of the FBI. This is in regards to the protection of the nation from criminal activities, foreign intelligence activity, and terrorists. Some investigations beginning as counterintelligence investigations end up becoming criminal cases. In some cases, the FBI initiates the counterterrorism, counterintelligence, or parallel criminal cases in maximizing their ability to conduct effective investigations. This has helped in addressing and identifying various threats to the U.S. hence implementing protective measures to protect vulnerable methods and sources. The success in the provision of accurate assessments of intelligence threats…… [Read More]
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.
.eview and Discussion
According to Black's Law Dictionary, "due process of law" means…… [Read More]
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.
The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.
Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme . (1998, Dec…… [Read More]
U.S. Supreme Court and the Rights of Inmates
The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and correctional procedures that evolved to protect those rights. Lastly, this work will explain the role of the U.S. Supreme Court in interpreting correctional law, inmates' rights and correctional procedures.
Four Amendments That Address Rights of Prisoners
The primary areas of constitutions rights for inmates incarcerated in U.S. prisons are derived from four constitutional amendments. Those four amendments include the following:
(1) First Amendment -- This amendment governs to what extent authorities restrict the rights of inmates in regards to religion, speech press, and in general, the right to communicate with persons outside the jail. (Thigpen, Hutchinson, Persons and Holland, 2007)
(2) Fourth Amendment -- due process and equal protection. This…… [Read More]
Constitutionality of a Postcard-Only Mail Policy
Postcard-Only Prison Mail Policy
Constitutionality of a Prison Postcard-Only Mail Policy
The Constitutionality of a Prison Postcard-Only Mail Policy
The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.
The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.
Based on considerable…… [Read More]
Institutional Authority vs. Law Enforcement on Campus
The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus police in relation to incidents involving students. Further this work will consider the effect that the failing view of education has had on the view of the importance of education. Finally this work will explore the 4th and 14th Amendment of the U.S. Constitution and what effect these two amendments should have on aspects of administration affairs in relation to students.
In 1894 Yale University and the New Haven Police Department joined efforts in the prevention of crime on the college campus. The role of the officer on campus was ill defined and there are still discrepancies today as to exactly what the dividing line between the campus police officer and the university administration…… [Read More]
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization alludes to the 4th Amendment in pointing out that the legal approach to warrantless searches has "been broadened" in the past few years. The Court has given the green light to searches that are justified by "special needs beyond the normal need for law enforcement," and this ruling could apply to use of ALPR data-gathering (Find Law, 2010, p. 2). In fact, instances where "warrant and probably cause requirements are dispensed with…in all of these instances the government's interest has been found to outweigh the individual's (Find Law, p. 3). The readers used by police will no doubt catch some criminals and violators of motor vehicle laws -- but will…… [Read More]
he concept of a limited government states that the government should not interfere with the daily activities of the citizens unless to the bare minimum. In the U.S. case, this is embedded in the 9th and 10th amendment. he examples of areas where the government is limited area like:
Protection from government intrusion
he fourth amendment to the constitution of the U.S.A. is a part of the Bill of Rights which protects the citizens against irrational searches and seizures. It also provides that a judicially sanctioned warrant must be obtained before search a possible seizure, accompanied by reasonable cause for the search. he search and arrest is confined in extent to the information given to the court issuing the warrant normally by an officer of the government, who has to swear by it and therefore held accountable to the same court. However this does not hold if the person…… [Read More]
Terry vs. Ohio
Terry Vs Ohio
The issue of what constitutes a violation of the fourth amendment forms the basis of the argument in the case of Terry vs. Ohio. In this case the petitioner Terry was stopped and frisked by the officer on the streets. A brief description of the situation is as follows. Detective McFadden was walking his beat when he observed two individuals who in his opinion were "casing" the joint with the intention of robbing the place in the daylight hours. This opinion was based on his observation and years of experience (Terry v. Ohio 2012). The suspects moved away from the initial area and were kept under surveillance by the detective. When the men joined a third person a few blocks away the officer identified himself as a police officer, requested the men's names and proceeded to pat down the outside of the men's clothing.…… [Read More]