Search And Seizure Essays (Examples)

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 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 under…

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…

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…

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…

Criminal Investigation: Article Reviews

Eligon, J. (2011). Police sergeant to get jail term for perjury and illegal searches. The New York Times. Retrieved from: http://www.nytimes.com/2011/06/28/nyregion/nyc-police- sergeant-admits-illegal-searches-and-perjury.html

This article highlights the problem of officers conducting illegal searches when they strongly suspect a suspect is guilty, even though they have no legally valid form of probable cause or a warrant to conduct such a search. These types of egregious actions are a source of mistrust and friction between members of the police force and the public. The officer’s lawyer, in an appeal for clemency, stated that the offending officer never arrested anyone who had not committed a crime after he had conducted further investigation and found incriminating evidence. Still, the officer’s actions call into question the constitutional protections accorded to suspects and the fact that the officer was able to get away with his actions for so long demonstrates the difficulty of…

3) the method by which the search was conducted was outside of the directives that had been given by the school with regard to searching book bags and purses and using wands for students' bodies.

The fourth ranked issues were the fact that the substance in the pipe turned out to be cocaine. If the search is deemed illegal then we will have to accept a paraphernalia charge and argue against the possession of drugs charged with the argument that the pipe should not have been tested as it was gained as poisoned fruit.

When we prepare the defense we need to concentrate on the first issue which is the search itself.

Again, using the case of TLO v NJ the court found that the search of the student purse was unreasonable and a violation of the fourth amendment because the student had a cigarette in her hand, there was…

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 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)

Body

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…

Supreme Court and Cell Phones

According to The Times Editorial Board (2013), the case concerns David iley, a Californian college student, who was pulled over by police for expired tags. During the incident, it was also discovered that his license had been suspended. As a result, the car was impounded and searched, after which guns were found under the hood. iley was then arrested and his Samsung phone was confiscated. When searching through the information on the phone, police found text messages containing information about a gang with a photo of iley and another man near a car that was involved in the shooting. iley was convicted of the shooting on the strength of this evidence (The Times Editorial Board, 2013).

The Court's decision revolves around whether the information on iley's phone is in fact admissible as evidence in a criminal case. Especially compounding the issue is that iley was…

Student Searches, Free Speech & Expression, and Privacy in the Wired Age

Student searches and in-school discipline for off-campus conduct

Free Speech and Expression on and off campus

Privacy in the wired age on and off campus. (Facebook, twitter, myspace, blogs, cellphones)

What are a students' constitutional rights when it comes to searches and seizures, on and off campus discipline, free speech, expression, and privacy in the wired age when on and off campus? How are students protected by the United States Constitution and Bill of Rights when it pertains to the three items listed above?

Students are often subject to rules and regulations that are associated with school codes of conduct and those rules and regulations are sometimes not reflective of constitutional rights to free speech and free action inside the laws. These long list of potential violations are printed by institutions and are made available to students, in…

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…

Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.

The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.

Is this an invasion of the student's privacy?

Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place…

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.…

Administrative Search Exception

Administrative Search Exemption

Administrative search exception: Why it applies to airport searches

The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. However, "while the new TSA enhanced pat downs may violate the Fourth Amendment on the surface, what most people are not aware of is that the 9th Circuit Court of the United States ruled on the search of passengers in airports back in 1973, which effectively suspends limited aspects of the Fourth Amendment while undergoing airport security screening" (Frischling 2010). The U.S. Supreme Court case which established the exclusionary rule as a rule of law (the idea that 'fruit of the poisonous tree' evidence obtained illegally could not be used against a defendant in a court of law) was not found to be applicable in this particular category of searches. The U.S. Supreme Court had already established in 1968…

Private Security Law of searching an individual at Employers' Premises

In the United States and many part of the world, it may be necessary to search an individual at an employer's premise to prevent the person stealing an item from a store or carrying a dangerous weapon into the employer's premises. Sometimes, it may become essential to search a person if the person is being suspected of shoplifting. While some employers employ some plain-clothes agents to apprehend, detect and arrest shoplifters, however, employers are to understand the legal risks of searching a person indiscriminately. Before searching anyone at employers' premises, there should be a probable possible cause. Typically, it is very critical to establish a solid base for a probable search to prevent a false arrest claim.

Objective of paper is to explore the legal risks of searching an individual at an employer's premises.

Legal isks of Searching an individual…

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…

That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's home, located at 678 Oak Street, Collingswood.

That based upon the above, I believe there exists probable cause to believe there are presently jewelry, and evidence of their possession, in the home of Mr. a, 678 Oak Street, Collingswood, which are evidence of the fruits and instrumentalities of violations of Texas Penal Code, Chapter 26, Section 29.03(2) and, Chapter 26, Section 31.03(5).

John Smith

Detective

Collingswood Police Department

SUSCRIED & SWORN to before me on this ____ day of

Superior Court Judge

TIME:

ibliography

Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.…

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…

XYZ Company

Tasking

The plan for processing the potential crime/incident scene depends upon maintaining the integrity of the scene as well as the integrity of the data. That means the first step is to prevent the scene from contamination. Preparing for the search is an important step, therefore, in this process.

The team should have the legal authority to proceed with the seizure of evidence and this should be shown upon arrival. Likewise, the team should use safety equipment when arriving on the scene to ensure that nothing is jeopardized (U.S. Department of Justice, 2008).

To prepare for the search, the team will first document the condition and state of the scene. Before anything is moved, the team should photograph and record screen info of all the workstations involved. It is important to assess the current state of the system before any investigative work is begun. Computers should remain on…

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…

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…

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…

American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.

Fourth Amendment

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…

Fourth Amendment

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…

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…

Minor's Constitutional Rights

courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).

The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found…

Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all

50 states.

One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices.

The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…

legal system of the United States of America rests on the Constitution, including the Bill of ights? The answer is that this is not completely true; the Constitution, when it was initially developed, did not enable authorities to cope successfully with all the disputes that would arise in a basic human society. As the country started to grow and develop, it became more complex, and many issues started to arise, when initially there were none. The need for these problems to be addressed and answered adequately also became important, and finally, it was understood that the only way in which to obtain all the required answers would be the English Common Law. Common Law can be defined as a body of enforceable rules that have grown because of the disputes and arguments that take place all the time within any particular country, and this body of common law in fact…

U.S. v AOL:

AOL case was a lawsuit involving collusion between the executives from AOL and PurchasePro Inc. (PPO) with the sole intention of overstating revenue. The 37% overstated revenue would make executives to believe that PurchasePro Inc. had achieved its sales forecasts, which would in turn contribute to inflation of the company's stock price. Due to their contributions, some of the executives involved in this illegal agreement and fraud would obtain large bonuses and the company's stocks. However, the jury in the case acquitted the three defendants in the much publicized five-year investigation into fraudulent accounting practices between AOL and PurchasePro. Notably, the case offers an example of criminal offenses conducted through the use of computers and necessitates the use of computer forensic tools and procedures in order to resolve.

The Use of a Computer to Commit the Crime:

As previously mentioned, U.S. v AOL is a lawsuit involving…

Acquainted With the Law

Various Law Terms-3

Insider Trading

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).…

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,…

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…

Protecting Liberty

Individual rights

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…

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…

S. No. 04-1739 (2006)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

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)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

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)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he major difference between business speech and political speech is that...

Whether or not "Closely regulated industries…

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)

Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…

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…

" 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.

orks Cited

http://www.questia.com/PM.qst?a=o&d=5020427742

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

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.

A www.questia.com/PM.qst?a=o&d=5008791036

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,"…

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…

The police officer then called the dispatcher to check Caballes' license and see if he had any outstanding warrants. As he was writing the warning ticket, he asked for a criminal background check from the dispatcher and asked Caballes if he had ever been arrested. Caballes said no, but the dispatcher told the officer that Caballes had been arrested twice for distribution of marijuana. While the officer was writing the warning ticket, another trooper arrived with a drug detection dog. The dog walked around Caballes' car and signaled alert. Marijuana was then found in the trunk.

Caballes was arrested and charged with trafficking cannabis.

Before the trial, Caballes' motion to suppress the evidence found in the trunk was denied. Caballes was convicted and sentenced to 12 years in prison and ordered to pay a fine of $256,136. Caballes' lawyers appealed, arguing that the police officer did not have probable cause…

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…

Fourth Amendment

"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…

Employee Privacy Torts

Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.

Historical background

oberson v. ochester Folding Box Company

One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company

Franklin Mills Co. decided to appeal…

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…

Arrests

An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have…

Police Suspicion

Can text I uploaded a file a reference. BIBLIOGAPHY: Stuckey, G., oberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle iver, NJ: Pearson/Prentice Hall. Discuss police encounters individuals required level police suspicion needed justify encounters.

Discuss police encounters with individuals and the required level of police suspicion needed to justify these encounters. We will learn about consensual encounters, traffic stops, Terry stops, and arrests. You will take a look at the factors used to determine when a person is under arrest as well as the appropriateness of any searches performed during these encounter

Protection from unreasonable searches and seizures is accorded to all citizens of the United States by the Constitution. Determining precisely what constitutes an unreasonable search or seizure, however, has been an issue of continued debate amongst law enforcement throughout the history of the United States. "Until 1967, a search was an…

Traffic Stop Case

Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle?

As we examine this case and more confrontational moments occur between the officer and the suspect, all events remain in question largely on the basis of this initial question. This is because ultimately, it was revealed by due process that the basic cause for the traffic stop was a suspected broken taillight which was ultimately in proper working order. This denotes that probable cause may not have existed to justify the encounter between the officer and the suspect. That said, 'probable cause' is a higher standard than that required for a routine traffic stop absent the intent for a search of the suspect or vehicle. Here, reasonable suspicion is sufficient, though given the working condition of the taillight, it is not certain that this necessary existed either. According to Tennessee v Brother (2010),…

Procedural and Substantive Law

Comparison:

The cases of Terry v. Ohio (1968) and State v. Perkins (2003) both deal with issues of search and seizure as explained in the fourth Amendment to the United States' Constitution. According to this Amendment, police or government officials are not allowed to perform unlawful searches and seizures. This was written in response to how the colonists lived under British rule wherein soldiers could enter the homes of any colonists at any time, and take any goods and materials they desired regardless of whether they had a cause to do so.

Contrast:

The major difference between the two cases seems to be that the case of Terry v. Ohio helped to expand the powers of police in their investigations, whereas State v. Perkins proved to limit the abilities of the police in terms of confiscation of weapons. During the Terry v. Ohio case, there was…

A fruit of the poisonous tree means any evidence that has been obtained through illegal manner. If a search of a home is conducted illegally and the murder weapon is found during that search the gun would be considered fruits of a poisonous tree because it was obtained by "dirty hands." And as fruits of the poisonous tree the defense would have a right to ask that the gun be banned from introduction as evidence.

If the entire trial is going to rest on evidence that the judge believes is fruits from a poisonous tree the judge may dismiss the entire case at that time.

If the evidence in question is allowed to be introduced at trial there are other ways to challenge it. If it is forensic evidence the defense can hire its own forensic experts who can testify that the testing done on the evidence may have been…

The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires reasonable belief as opposed to reasonable certainty. Thus, probable cause is supposed to be a stronger standard of evidence than reasonable suspicion. but, the difference between what constitutes reasonable certainty vs. reasonable belief is often highly subjective. In some instances of probable cause there is specific evidence of a crime such as fingerprints or evidence in plain view, but in other instances the context of a situation comes into play and this is where the line between probable cause and reasonable suspicion becomes blurred. For example, hearsay evidence or suspicious activity can support probable cause in instances where there are reliable sources or other evidence that increase the degree of certainty to…

CONTACT ME BEFOE ASSIGNING TO ANOTHE WITE. The ole Federal Agencies Fighting Digital Crime in United States, a number law enforcement agencies, including Secret Service, FBI, Department Homeland Security,, roles fight computer crimes terrorism.

Law enforcement can be understood as a thorough process in which the police act step-by-step and enforce the law in order to ensure justice and the decrease of crime. Precise and adequate investigation is what marks one of the most important responsibilities and duties in this respect. This is because the outcome of the investigation decides not merely upon the well being of victims but indeed secures that the system is just in applying the law. Certain procedures need to be followed accordingly in order to facilitate problem solving and careful attention is required when collecting forensic evidence. These are but a few of the requirements that are proficiently mandatory in assessing and fighting crime. However,…

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…

K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…

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…

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…

Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elements needed to consider while developing a framework that can be used as a guide by educational leaders and parents for the protection of children at school and at home. esearch areas will include law enforcement agencies, various information systems security sites that provide security solutions that can be implemented in schools and in the home, other avenues of research will include interviews with a multitude of technical personnel proficient in hardware, software and network technology utilized for computer security.

Purpose Statement

The purpose of this dissertation is to provide recommendations from experienced practitioners of detailed, hands on instruction or guides that even the computer illiterate parent or senior caregiver can use to…

Police Traffic Stops

The facts contained below considers the major elements that institute a traffic stop as being defensible and legally professional. It will also consider the case laws that established the legality of check points and traffic stops.

Elements

Traffic roadblocks and stops come under the 4th Amendment protection against unreasonable seizures and searches because they hinder our freedom of movement.

A traffic stop usually occurs when a law enforcement agent signals a motorist to stop by the roadside (Traffic Stops and oadblocks-Lawyers.com). This stop comprises a seizure under the Fourth Amendment because it stands in the way of the freedom of movement of the motorist. For this stop to be valid under the Fourth Amendment of the United States Constitution, the law enforcement agent must look at specific and expressed facts to lend support to probable cause of criminal conduct or reasonable suspicion.

Although a law enforcement agent…

Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.

In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…

Governance

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…