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arrest warrant and a search warrant.
An arrest warrant pertains to the arrest and detention of a particular person based on what crimes the person has allegedly committed. Evidence is necessary to procure a search warrant. However, once it is procured, the person can be arrested when found and whatever property they have on their person and the car they are driving in would be subject to impound and/or retention.
A search warrant pertains to the search and review of a certain area such as a house, car or other area. Such a search warrant is usually constrained to certain types of evidence such as blood evidence, hair/fiber evidence, video/CD/electronic media evidence and others or a combination thereof. It really depends on the nature of the crime and the evidence that is deemed both appropriate to collect and/or how it would theoretically pertain to the case if recovered.
Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence.
Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to assume that he may also have been involved in criminal drug use and distribution. The Fourth Amendment clearly demands a warrant to be specific in who or what is to be searched, and therefore the warrant did not cover the search of any additional private residences. In searching Mr. Right's property without a warrant, the Saint Leo Police department could leave itself open to potentially having to pay the consequences of loosing in a Section 1983 lawsuit. Moreover, it…
Ashburn, Melissa. (2010). Authority of court clerk. MTAS. Web. http://www.mtas.tennessee.edu/Knowledgebase.nsf/0/D8A12B13E7D60DB385256B6C006446B8
Drumm, David. (2013). Probable cause on a leash. Jonathan Turley. Web. http://jonathanturley.org/2013/02/23/probable-cause-on-a-leash/
Govoni, Jane, Wright, Valerie, & Wubbenhorst, Peter. (2005). Fusions: Integrating values in higher education. Saint Leo University. Web. https://characterclearinghouse.fsu.edu/files/pdf/2005InstituteProceedings/Institute_2005_Govoni_Wright__Wubbenhorst.pdf
Shouse, Neil. (2012). United States Code Section 1983 & civil rights litigation: California civil rights lawyers. Shouse. Web. http://www.shouselaw.com/1983.html
law enforcement for a number of reasons. Technically, "anyone who discloses investigative information can be considered an informant" (Osterburg & Ward, 20130, p 183). There are open or closed informants that have different motivations; anything from wanting to protect the community to trying to achieve immunity or a deal for their own participation within criminal activity. They can help prevent crimes from occurring, start the process of an investigation by prompting investigation and the acquisition of a search warrant, as well as help solidify a conviction. Informants can provide information already in their possession or help acquire new information through seeking it out for law enforcement. In cases were informants are criminals themselves, there are added issues that can complicate an informant's role in an investigation or in obtaining a search warrant. Often times, judges and juries are less likely to whole heartedly believe a criminal testifying against another in…
Nolo. (2014). Search warrants and probable cause. Search Warrants. Web. http://www.nolo.com/legal-encyclopedia/search-warrants-and-probable-cause.html
Osterburg, James W. & Ward, Richard H. (2013). Criminal Investigation: A Method for Reconstructing the Past. 7th ed. Elsevier.
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).
Collingswood Police Department
SUSCRIED & SWORN to before me on this ____ day of
Superior Court Judge
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.…
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.
Supreme Court of the United States. (June 10, 1968). John W. Terry, Petitioner, v. State of Ohio. 392 U.S. 1, 88 S.Ct. 1968.
Supreme Court of the United States. (June 21, 1990). Illinois v. Rodriguez. 497 U.S. 177, 110 S. Ct. 2793.
Supreme Court of the United States. (June 8, 1983). Illinois v. Gates. 462 U.S. 213 (1983).
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.
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.…
Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"
Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.
Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1 (Spring, 1983), pp. 1-171.
Kaplan, John. (1961). "Search and Seizure: A No-Man's Land in the Criminal Law."
A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is not required to enter a third person's garage if the officer has probable cause to believe that the defendant does not have the owner's consent to be in the garage, as his presence there for the purpose of evading the police constitutes burglary. The officer may enter the garage without a warrant if he believes the defendant's presence there is a threat to another person. A search warrant is required if the officer does not have probable cause to believe…
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…
American Civil Liberties Union of Utah. (2010). Search and seizure. Retrieved on April 9, 2010
from http://www.acluutah.org/SKYR4.html .
Davis, K, Kelsey, J, Langellier, D, Mapes, M, & Rosenthal, J. (2003) Surveillance in School
Safety vs. Personal Privacy. Retrieved on April 9, 2010 from http://students.ed.uiuc.edu/jkelsey/surveillance/locker.htm
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…
Alvarez, A. (2010). A Reasonable Search for Constitutional Protection. UC Davis Law Review, 44, 363-371
Lively, D. (1999). Landmark Supreme Court Case. Westport, CT: Greenwood Press.
McInnis, T. (2009). The Evolution of the Fourth Amendment. Lanham, MD: Lexington Books.
Orthmann, C. (2012).Criminal Justice in America. Belmont, CA: Thomason.
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…
Garahn, A. (2011, Oct. 11). California governor allows warrantless search of cell phones. CNN. Retrieved from: http://edition.cnn.com/2011/10/11/tech/mobile/california-phone-search-veto/
The Times Editorial Board (2013, Oct. 3). Hands off our cellphones. Retrieved from: Los Angeles Times. Retrieved from: http://www.latimes.com/opinion/editorials/la-ed-cellphones-20131002-story.html
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…
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…
In short students and especially minor students and their parents should make themselves aware of the codes of conduct the student is expected to uphold and live within those guidelines even if they feel the guidelines are overreaching as students have little recourse because even most public institutions such as public schools are still considered voluntary and enrollment in them requires certain standards to be upheld. This is not to say it is likely that all new students will read and memorize a code of conduct but they must beware that violations especially that hurt others will not likely be tolerated. It is not likely that the constitutional protection of students will be expanded, rather to the contrary laws that protect others from immoral, unethical and/or illegal or harmful behaviors in a public forum such as the internet, across email, and cell phones will likely be expanded. It also must be made clear that the intent to harm another does not have to be present for that harm to be done or for the individual(s) responsible to be held accountable for it. In other words consider yourself under public scrutiny when you are enrolled in any institution and act accordingly, upholding the law and the moral and ethical standards associated with your role as a student.
Wheeler, T. (2011). Facebook Fatalities: Students, Social Networking, and the First Amendment. Pace Law Review, 31(1), 182-227. Retrieved from EBSCOhost.
Williamson, L. (2009). Private Rants Become Public When Aired Online. InsideCounsel, 20(211), 67-68. Retrieved from EBSCOhost.
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…
Frischling, S. (2010). How The TSA Legally Circumvents The Fourth Amendment. Flying with Fish. Retrieved from:
Skean, B. (2002). NIU's Northern Exposure Airport exceptions to the Fourth Amendment's warrant requirement. Retrieved from: http://www.dcbabrief.org/vol140202art5.html
Terry v. Ohio. (1968). LII. Retrieved from:
Kringlen also published more extensive case records for his monozygotic twins than any other researcher had done (pp. 7-8)."
The information gained by these studies was significant. One, in particular, conducted by William Pollin and his colleagues set out to disprove the biological or genetic factors, and to establish the basis for.".. psychodynamic, interpersonal phenomena that might have some significant etiologic role with respect to schizophrenia (Torrey, p. 9)." What Pollin and his colleagues found, instead, was that there were significant physiological conditions in the twins examined who had schizophrenia (p. 9).
The most significant findings were a history of lower birth weight and more obstetric complications in the affected twins in discordant pairs, and more neurological abnormalities in the affected twins (Pollin & Stabenau, 1968; Mosher et al., 1971). The findings, said these researchers, suggested that "the intrauterine experience of one twin, relative to the co-twin, tends to be…
Csernansky, J.G. (Ed.). (2002). Schizophrenia: A New Guide for Clinicians. New York: Marcel Dekker. Retrieved December 22, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=109107379 http://www.questiaschool.com/PM.qst?a=o&d=113408413
Harrop, C., & Trower, P. (2003). Why Does Schizophrenia Develop at Late Adolescence? A Cognitive-Developmental Approach to Psychosis. Hoboken, NJ: Wiley. Retrieved December 22, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=113408491 http://www.questiaschool.com/PM.qst?a=o&d=111909680
Heinrichs, R.W. (2001). In Search of Madness: Schizophrenia and Neuroscience. New York: Oxford University Press. Retrieved December 22, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=111909680 http://www.questiaschool.com/PM.qst?a=o&d=85769272
Policy Case Study
The author of this report has been asked to act as a consultant for a major security consulting firm. Contained within this report will be several topics that were requested to be covered and thus they will be with the appropriate amount of vigor and detail. The first topic will be a brief overview of the overall legal environment for non-information technology managers when it comes to things like constitutional law, administrative law, civil law, criminal law, due care, due diligence and overall fiduciary duty. Another major topic that will be covered is the applicable information security laws and practices. Next up will be the impact of policies, regulations and laws when it comes to the information security sphere. The next topic, and a very controversial one in the eyes of many, is the Central Intelligence Agency including is practices, what has been in the news about…
ABA. (2015). What Are the Limits of Employee Privacy? | Solo, Small Firm and General
Practice Division. Americanbar.org. Retrieved 10 June 2015, from http://www.americanbar.org/publications/gp_solo/2012/november_december2012pr
DHS. (2004). Information Security Governance - A Call To Action. Department of Homeland Security. Retrieved 10 June 2015, from https://www.dhs.gov/sites/default/files/publications/csd-informationsecuritygovernance-acalltoaction-2004.pdf
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…
"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.
Retrieved from http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO -
Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS
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,…
Barron V. Baltimore. (2007). Constitution.org. Retrieved from: http://constitution.org/ussc/032-243a.htm
The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from: http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542
This makes it easier for investigators to identify connections by clicking on a particular item in the three-dimensional link.
The difficulties of this process of proving such a chain indicates the importance of creating steps that can help companies simplify the task of conducting a computer forensic investigation, should one ever be required. The article stresses that the most important step is to ensure that network logging devices are turned on, even though these devices use disk space and processor time. If they are turned off, investigations can become impossible. Closing any unneeded ports on the company firewall and patching systems regularly, are also helpful.
This article paints an overall benign portrait of law enforcement, zealously protecting user privacy and safety. It demonstrates how an apparently invisible crime can be rendered visible through the use of technology, and both the law and law enforcement's attempts to stay one step ahead…
Burke, Dan. "Transborder Intellectual Property Issues on the Electronic Frontier." Volume 5. Stanford Law & Policy Review
Lang, David. "A Graphic Picture of Crime." ASIS. Sept 2002.
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…
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…
"Certification: GCFE." (n.d.). GIAC Certified Forensic Examiner (GCFE). Retrieved December
5, 2013, from http://www.giac.org/certification/certified-forensic-examiner-gcfe
Easttom, C. & Taylor, J. (2011). Observing, Collecting, Documenting, and Storing Electronic
Evidence. In Computer crime, investigation, and the law (1st ed., Chapter 7, 236-244). Cengage Learning.
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…
Criminal Law Lawyer Source. (2009). Search 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? Supreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme S. (1998, Dec 1). Moving and touching stowed or checked luggage: Fourth Amendment considerations. The FBI Law Enforcement Bulletin. http://www.encyclopedia.com/doc/1G1-53590199.html
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.
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…
Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).
Borse v. Piece Goods Shop, 963 F.2d 611 (1991).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).
City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).
" 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,"…
Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.
Greenhalgh, William W., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.
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…
ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history .
Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.
LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from http://www.law.cornell.edu/wex/criminal_procedure .
Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.
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…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Friedman, A. (2005). A History of American Law. New York: Touchstone.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Procedural and Substantive Law
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.
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…
State v. Perkins. (2003). 358 N.J. Super. 151
Terry v. Ohio. (1968). 392 U.S. 1, 88 S.Ct.
S. mainland. The court can reject the procedures only if it finds the plan for complying with the law as "clearly erroneous." The program may also continue for a year although the law is scheduled for renewal in six months. Warrant-less eavesdropping may begin immediately and ahead of the security court approval of the procedures (Savage).
Spur of the Moment and Secret Order
Weeks after the 9/11 attacks, President ush signed a secret order, which authorized NSA to wiretap international phone calls and emails without a court order (Savage 2007).
It was expressly prohibited by the 1978 warrant law. President ush claimed that war-time powers authorized him to bypass that law. In January this year, the Attorney General said that the program was brought under the supervision of the national security court. A judge allowed some form of surveillance to continue. Several months ago, however, another judge ruled that the…
Bush, George W. The Protect America Act of 2007. National Security Agency, September 19, 2007. Retrieved on October 23, 2007 at http://www.lifeandliberty.gov/docs/bush-disc-paa07.pdf
Fact Sheet: the Protect America Act of 2007. The White House News: the White House, August 5, 2007. http://www.whitehouse.gov/news/releases/2007/08/20070806-5.html
Cable News Network. Bill Would Require Details of All Eavesdropping Since 2001. CNN Politics. CNN: Time Warner Company, October 9, 2007
Bush: Surveillance Bill Must Not Hamper Fight Against Terrorism. CNN Politics. CNN: Time Warner Company, October 10, 2007
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).…
Daniels, R. (2012). First property domain laws. eHow: Demand Media, Inc. Retrieved on June 19, 2012 from http://www.ehow.com/facts_8009319_first-property-domain-laws.html
Menamos, J. (2012). Why are hate crimes difficult to prosecute? eHow: Demand Media,
Inc. Retrieved on June 19, 2012 from http://www.ehow.com/info_8769064_hate-crimes-difficult-prosecute.html
Montoya, D. (2012). How has the exclusionary rule impacted criminal cases? eHow:
"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…
Olmstead v. U.S.
Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).
The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging
Arguments for and against the Patriot Act
The unusual events surrounding the creation and passing of the Patriot Act make it a suspect bill in many eyes. However, major media reports like this one: "Fifty-nine percent in an ABC News/ashington Post poll favor continuing the additional investigative authority in terrorism investigations that was granted to the FBI starting in 2001. President Bush urged such an extension of the Patriot Act today" (Langer) insist that there are others who support it and promote it as a protection against the kind of terrorism that was seen on 9/11. For supporters the idea of sacrificing civil liberties for security measures such as the TSA is, while unfortunate, a necessary evil. Those who oppose it, like alternative media journalist Ryan Dawson and Sen. Ron Paul, decry it as government intrusion. This paper will give arguments for and against the Patriot Act and…
Brand, Rachel. "Reauthorization of the U.S.A. Patriot Act." 20 Jan 2010. The Federalist
Society. Web. 24 Sep 2011. < http://www.fed-soc.org/publications/detail/reauthorization-of-the-usa-patriot-act >
Celente, Gerald. "Gerald Celente Predicts Ron Paul Can Win in 2012." 3 May 2010.
YouTube. 24 Sep 2011.
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…
Fighting Police Abuse: A Community Action Manual. December 1, 1997. Retrieved From
http://www.aclu.org/PolicePractices/PolicePractices.cfm?ID=5009& ; c=25
Accessed on 28 July, 2005
Former CNN Producer Jack Smith confirms we have a secret army and are a step away from Secret police. Retrieved From http://www.cuttingedge.org/news/n1190.cfm
he growing sophistication of internet, along with advancing abilities of individuals to hack into electronic systems is creating a growing need for improved encryption technology. he internet is becoming a domain all to itself, with its own rules, and requirements. he internet is creating new opportunities for the business and communication industries. It is also creating new demands. he internet is now facing a period in its evolution similar to the period of our country's history of westward expansion, and settlement
Wild Wild West years of the internet have passed with the bursting of the ech bubble in the early 21st century. Now business is building entire enterprises on the net. As hundreds of thousands of dollars change hands based on digital bleeps, the needs for government, business, and individuals to protect their data is becoming of paramount importance. Who will be the exas Ranger's of the internet,…
The Promotion of Commerce Online in the Digital Era Act of 1996, or "Pro-Code" Act: (1997) Hearing on S. 1726 Before the Senate Comm. On Commerce, Science, and Transportation, 104th Cong. 13.
U.S. Government Restrictions on Cryptography Exports and the Plight of Philip Zimmermann, 13 GA. ST U.L. REV. 581, 592-600 (1997)
Yoshida, J. (1996, Oct. 14) Intel Weighs in on DVD Encryption, Elecrtronic Engineering Times.
dismantling organized crime in New York. More specifically, the article concerns itself with the efforts made by a team of FBI agents to effectively bring to an end the illegal operations of two of New York's most prominent organized-crime families. Authored by the Partnership for Public Service in conjunction with the Washington Post, the article appeared on the November 12th 2013 online version of the Washington Post. The article in question is titled; Striking a Major Blow Against two New York Organized Crime Families. The link to the article has been given in the references section of this text.
According to the FBI (2013), "in the recent years, the face of organized crime has changed, and the threat is broader and more complex than ever." As the FBI further points out, organized crime in the U.S. can be split into four key groupings. This includes; groups of mobsters that came…
FBI. (2013). Organized Crime: Overview. Retrieved from: http://www.fbi.gov/about-us/investigate/organizedcrime/overview
The Partnership for Public Service. (2013, November 12). Striking a Major Blow Against two New York Organized Crime Families. Retrieved from http://www.washingtonpost.com/politics/federal_government/striking-a-major-blow-against-two-new-york-organized-crime-families/2013/11/12/d14cc33a-4ba9-11e3-ac54-aa84301ced81_story.html
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…
(n.d.). Annenberg Classroom. The Right to Protection against Illegal Search and Seizure. Retrieved April 27, 2016, from http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_15_Our_Rights.pdf
(n.d.). Arizona Defense Attorney James E. Novak Law Blog -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Requirements and Exceptions to Lawful Search Warrants in Arizona -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Retrieved April 26, 2016, from http://blog.novakazlaw.com/2013/01/requirements-and-exceptions-to-lawful-search-warrants-in-arizona/
Boyd v. United States, 116 U.S. 616 (1886)
(n.d.). Conservative Policy Research and Analysis. Guide to the Constitution. Retrieved April 25, 2016, from http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…
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…
The language of the provision which became the Fourth Amendment underwent some modest changes on its passage through the Congress, and it is possible that the changes reflected more than a modest significance in the interpretation of the relationship of the two clauses. Madison's introduced version provided "The rights to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized." As reported from committee, with an inadvertent omission corrected on the floor, the section was almost identical to the introduced version, and the House defeated a motion to substitute "and no warrant shall issue" for "by warrants issuing" in the committee draft. The word "secured" was changed to "secure" and the phrase "against unreasonable searches and seizures" was reinstated. In some fashion, the rejected amendment was inserted in the language before passage by the House and is the language of the ratified constitutional provision.
Not every incident where an officer ascertains information is considered a "search." An officer who views something which is publicly viewable, for instance, by looking through the window of a house from the street, is not conducting a "search" of the house. In Katz v. United States (1967), the Supreme Court ruled that there is no search unless an individual has an "expectation of privacy" and the expectation is "reasonable" - that is, it is one that society is prepared to recognize. So, for example, there is generally no search when officers look through garbage because there is no expectation that garbage is private. Similarly, there is no search where officers monitor what phone numbers an individual dials, although Congress has placed statutory restrictions on such monitoring. This doctrine sometimes leads to somewhat unexpected results; in Florida v. Riley (1989), the Supreme Court ruled that there was no expectation of privacy, and thus no search, where officers hovered in a helicopter 400 feet above a suspect's house and conducted surveillance. The Supreme Court has also ruled that there can be no expectation of privacy in illegal activity. Therefore, investigations that reveal only illegal activity, such as some use of drug sniffing dogs, are not searches.
The decision in Terry v. Ohio (1968) established that some brief seizures may be made without probable cause. If an officer has a reasonable suspicion that a crime has been committed or will soon be committed, that
In addition, a brief look at his family history is required, because the political fortunes of James Otis' father directly influenced the trajectory of his own career.
James Otis was part of the fifth generation in a family that first arrived in the colonies looking for economic opportunity, and James Otis' grandfather, John Otis III, was the first in the family who went beyond business into politics (aters 1968 & Halko 1969, p. 609-10). In 1760 James Otis was appointed advocate general of the Admiralty Court, which was the court responsible for dealing with smuggled goods seized in the colonies (Hickman 1932, p. 89.) hen the protest launched by the Society for Promoting Trade and Commerce within the Province made its way to court, James Otis would have been responsible for defending the legality of writs of assistance, but instead he resigned his post and took up the cause of…
Adair, E.R. "Writs of Assistance, 1558-1700." English Historical Review. 36.143 (1921): 356-
Borchers, Tim. "A Rhetorical Analysis of James Otis's Against Writs of Assistance." Minnesota
State. Minnesota State, 12 Jan 2001. Web. 20 Mar 2011.
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.
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…
Atkinson, E.N. (1995). Interactive dynamic graphics for exploratory survival analysis. The American Statistician, 49(1), 77.
Barker, C., & Groenne, P. (1996). Advertising on the World Wide Web. [online]. Available: http://www.samkurser.dk/advertising/research.htm[1998, April 6].
Bever, T.G., Smith, M.L., Bengen, B., & Johnson, T.G. (1975). Young viewers' troubling response to TV ads. Harvard Business Review, 54, 109-120.
Cai, X., & Gantz, W. (2000). Online privacy issues associated with Web sites for children. Journal of Broadcasting & Electronic Media, 44(2), 197.
New Hampshire (1971) had mandated such.
This case had tremendous effect on our criminal justice system in that it removed the inadvertence requirement from one of the exceptions to the Fourth Amendment. This requirement had called for a search warrant to specify the items that were to be searched for and seized, and anything else that was discovered had to be done inadvertently. Previously, the U.S. Supreme Court had held that in order for the police to seize evidence not mentioned in a warrant, they must find it inadvertently and it must be in plain view, which is required by the plain view doctrine. The plain view doctrine is the rule that says a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. However, in Horton v.…
Horton v. California, 496 U.S. 128. Supreme Court of the U.S. 4 June 1990.
"Plainview Doctrine." The Free Legal Dictionary. n.d. 26 March 2009 <
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…
CNN Wire Staff. (2011) "Bin Laden killing caps decade-long manhunt." CNN Asia. http://edition.cnn.com/2011/WORLD/asiapcf/05/02/bin.laden.dead/index.html?hpt=T2
Cook, Martin L. (2001) Ethical Issues in Counterterrorism Warfare. Department of Command, Leadership, and Management. U.S. Army War College. May 3, 2011 http://ethics.sandiego.edu/Resources/PhilForum/Terrorism/Cook.html
Cornell University Law School. (N.d.) Michigan Dept. Of State Police v. Sitz. 1990. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0496_0444_ZS.html
Cornell University Law School. (N.d.) Terry v. Ohio. 1967. May 3, 2011 http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZS.html
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…
Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
Mapp v. Ohio
Citation of Case: 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961)
Facts: Cleveland police came to Mapp's home on 23 May, 1957, acting on information that someone was hiding there. This person was wanted for questioning and the police had information that not only the person but the equipment used for a recent bombing was hidden in the home. They demanded to enter but Miss Mapp refused because her attorney advised that she not allow them to enter without a search warrant. The officers contacted headquarters and begin a surveillance of the house. Three hours later there were more officers on the scene and they once again asked for entrance to the home. She did not answer the door immediately and one of her doors was then forced open by police. Miss Mapp's attorney arrived and officers would not let him come in or…
Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961). Findlaw. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=367&invol=643 .
Weeks v. United States. 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652. (1914). http://188.8.131.52/search/cache?p=%22weeks+v.+United+States%22&ei=UTF-8&cop=mss&u= www.pace.edu/lawschool/dld/CrimPro1_Materials/WEEKS. PDF&w=%22weeks+v+united+states%22&d=29F96E0583&c=482&yc=21415&icp=1>.
The United States of America's PATIOT Act (formally the Uniting and Strengthening America by Providing Appropriate Tools equired to Interpret and Obstruct Terrorism Act) was a hurriedly created legislation against terrorism reacting to the terror attack on September 11, 2001. Little debate and oversight was given to the large, complex law by the Congress and President George W. Bush signed it into law on October 26, 2001. PATIOT offers sweeping surveillance, and search to both domestic officers and foreign intelligence agencies and removes many checks and balances that initially gave the courts the chance to make sure that the powers were never abused. The developing PATIOT and follow-up legislation (Gouvin, 2003) threaten the basic rights of most Americans.
The United States of America PATIOT Act, also known as USAPA brought in several legislative amendments that had a significant increase on the investigative and surveillance powers of…
Condon, S. (June 2, 2015). NSA surveillance reform bill now law. CBS News. Retrieved from http://www.cbsnews.com/news/senate-passes-nsa-reform-bill-the-usa-freedom-act / on 22 March 2016
Gouvin, Eric J. (2003). Bringing Out the Big Guns: The U.S.A. PATRIOT Act, Money Laundering and the War on Terrorism. Baylor Law Review 55: 955.
Liu, Edward C. (2011). Amendments to FISA Extended to 2015. Congressional Research Service.
Michaels, C. William. (2005). No Greater Threat: America Since September 11 and the Rise of the National Security State. Algora Publishing.
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…
Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site: http://www.rgj.com/article/20070119/NEWS/70119007 .
Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.
Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site: http://www.iii.org/media/hottopics/insurance/test1/ .
Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site: http://www.interfire.org/features/legalview.asp?date=12142007 .
Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of ways to manage these rights and still perform their jobs.
While the myriad of rights offered to defendants in the United States may sometimes seem like ways to protect the guilty and harm the innocent, this is far from the case. Not only are these rights necessary for protecting the defendant, along with the rest of the democratic society of the United States, but the rights can also be managed through a plethora of legal tactics on the part of the courts and police officers. Established through the Constitution and landmark court cases, primarily, defendants' rights honor the intent of the constitution. Though it is true that some guilty defendants may…
Cima, Greg. (2006, 21 November). Marijuana charges dropped because of illegal search.
The Pantagraph. Retrieved at http://www.pantagraph.com/articles/2006/11/21/news/doc4563de8080933076324107.txt
Edgar, Timothy H. Interested Persons Memo. Retrieved November 23, 2008, at http://www.aclu.org/safefree/general/17203leg20030214.html
Farrell, Nick (2008, 20 November). Copper stole my Xbox. The Inquirer. Retrieved at http://www.theinquirer.net/gb/inquirer/news/2008/11/20/copper-stole-xbox
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) earch Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the rights of citizens unless or until the other constitutional protections against unlawful arrest have been satisfied. In practical terms, lawfully arrested persons cannot be permitted to enter into the custody of the state without first ensuring that they are not in possession of weapons or other contraband.
(2) earch by Consent permits police to conduct searches of persons or property if they first obtain consent from subjects of those searches. Technically, consent obtained must be given freely and voluntarily and…
Akers, R.L. And Sellers, C.S. (2004). Criminological Theories: Introduction,
Evaluation, and Application. California: Roxbury Publishing Company.
Schmalleger, F. (2009) Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
reasonable cause when it comes to stop and frisk. The writer argues that because of the increased threat of domestic terrorism the laws should be change so that reasonable cause is no longer required for stop and frisk actions. There were eight sources used to complete this paper.
Several years ago Britain took a significant step in its war on terrorism when it changed the laws regarding mandated criteria for stop and search. In an unprecedented move the British government changed the law so that police officers do not have to have reasonable cause to stop and frisk. The new powers given to police allow them to stop anyone, anywhere at anytime to frisk and search. Britain did this in an effort to fight the ever growing threat of domestic terrorism. If the person in question refuses to allow a search they can be arrested, jailed and fined for that…
KEN GUGGENHEIM, Associated Press Writer, Senate May Change Surveillance Rules., AP Online, 06-26-2002.
1996, The Washington Post, TERRORIST FEAR DRIVES BRITISH SEARCH LAW PARLIAMENT GRANTS POLICE STOP, FRISK POWERS TO DETER TERRORISM., St. Louis Post-Dispatch, 04-07-1996, pp 05B.
KEN GUGGENHEIM, Associated Press Writer, Senate May Change Surveillance Rules., AP Online, 06-26-2002.
Martha T. Moore, Police commissioner sees a changed New York., USA Today, 11-12-2001, pp 02A.
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…
These liberties are those on which this country was formed and have been upheld for many years as absolute certainties.
The Patriot Act has put a lot of doubt on whether these liberties are still protected guarantees. With this act giving the Government the power to use wiretaps to spy on people, search warrants to look for things that they don't even have to tell you about and the ability to look at ones private computer records it makes you wonder what this country is coming to. How is it that we the people have allowed it to come to this? What has happened to the guts on which this country was built? Back then this type of act would never have been passed and put into practice. Although it can be argued that this is because times are so much different now than they were back in the day,…
Patriot Act. (2010). Retrieved February 26, 2010, from Conservapedia Web site:
Patriot Act - Eight Years Later. (2009). Retrieved February 26, 2010, from American Civil
Liberties Union Web site: http://www.reformthepatriotact.org/
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…
Steiney ichards, Petitioner v. Wisconsin
The Fourteenth Amendment to the Constitution prohibits police officers from conducting seizures and searches on a suspect's person or property, unless under the authorization of a judge. The case of ichards vs. Wisconsin brings into perspective the knock-and-announce rule of the Fourth Amendment.
Statement of the Case (adopted from LII, 2014; ACLU, 1997; Hall, 2014)
Police officers in Madison, Wisconsin, suspected Steiney ichards of drug dealing and requested authorization to search his motel room under a no-knock warrant. The judge, however, found the facts insufficient to justify a no-knock entry, and instead granted a conventional warrant requiring police to knock on ichard's door and announce their presence prior to resorting to forcible access. On arrival at ichard's motel room, one of the officers knocked and announced that he was an employee of the hotel. ichards opened the door, and on seeing a uniformed officer, slammed…
ACLU. (1997). ACLU Amicus Brief in Richards vs. Wisconsin. American Civil Liberties Union (ACLU). Retrieved 30th July 2014 from https://www.aclu.org/content/aclu-amicus-brief-richards-v-wisconsin
Hall, D.E. (2014). Criminal Law and Procedure (7th ed.). Stamford, CT: Cengage Learning.
LII. (2014). Richards vs. Wisconsin (96-5955), 520 U.S. 385 (1997). Cornell University Law School. Retrieved 29th July 2014 from http://www.law.cornell.edu/supct/html/96-5955.ZO.html
In this instance, Mr. Randolph was present and had specifically refused consent. The court ruled that his presence and specific refusal could not be overlooked.
Summary of the Ruling. Previous Fourth Amendment rulings had held that searches where consent was not obtained from an absent person could be used. In Georgia v Randolph, the distinguishing factor was that Mr. Randolph was present and had specifically refused consent. The evidence used against him was obtained during the warrant search, which was obtained on the basis of the original, non-warrant search that Mr. Randolph had refused. The ruling held that any evidence ultimately derived from that original, non-warrant search could not be used against Mr. Randolph, on the basis of his unequivocal refusal to consent. The court pointed out that this case does not supercede cases such as Rodriguez, which are still applicable. For the search to be unlawful requires explicit refusal…
Against the Patriot Act of 2001
What is the Patriot Act of 2001? The Act was passed in order to unite and strengthen the United States of America by providing all the appropriate and the necessary tools with which to fight terrorism. The President George W. Bush signed the Act on October 26th in 2001, after the devastating terrorist attacks that occurred on the nerve center of the United States of America, the World Trade Center, on September 11, 2001. (USA Patriot Act) These terrorist acts were a cleverly coordinated series of attacks on the Pentagon, which is the Headquarters of the Department of Defense of the United States of America and holds more than 23,000 civilian as well as military employees, and also more than 3,000 non-defense personnel, and on the World Trade Center, which is the center of global commerce that is responsible for providing network access to…
Bergen, Jennifer Van. "The U.S.A. Patriot Act Was Planned Before 9/11" Truth out Editorial. (20 May, 2002) Retrieved From
http://www.truthout.org/docs_02/05.21B.jvb.usapa.911.htm Accessed on 25 November, 2004
Dinh, Viet. E. (1 June, 2004) "How the U.S.A. Patriot Act defends Democracy" A White Paper. Retrieved From http://www.defenddemocracy.org/usr_doc/USA_Patriot_Act.pdf
Accessed on 25 November, 2004
Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.
The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…
Brant, Irving. (1965). The Bill of Rights: Its Origin and Meaning. Indianapolis, IN: Bobbs-Merrill.
The Bill of Rights: Amendments 1-10 of the Constitution." (2005). Internet. Accessed October 15, 2005. http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm.
Bill of Rights
Even if the torture of these people would save lives it is a slippery slope that we do not want to begin. Once we allow the torture of suspects or terrorists it could begin a landslide witch-hunt in which people who are not terrorists and have not committed any crimes could be tortured based on suspect or circumstantial evidence.
While there is justified outrage at what happened in this country we, as Americans, must maintain our ethical standards at all times. It is only by maintaining these standards that we can hope to set and example worldwide about the strength and dignity of our nation and all that it stands for.
The history of "just war" philosophy stems from religious and secular issues. One of the longest standing Just War traditions centers on religious differences including the differences between Muslim and Christian faiths. In addition the "Just War" theories support…
Anti-American Backlash The Washington Post; 10/16/2001 The Washington Post
10-16-2001 Anti-American Backlash
IRAQ WAR MIGHT NOT BE A 'JUST WAR' United Press International; 10/1/2002
United Press International 10-01-2002
The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police Department apparently forged a warrant to inspect her home and forced their way into it. While they couldn’t find any outlaw hidden there, they did stumble upon lascivious and lewd material (books, to be precise) in the house (Mapp V Ohio - Cases | Laws.com). This discovery led to Mapp’s detention, though she wasn’t charged. Nevertheless, the complainant claimed the police had no basis to detain her and had also breached her rights guaranteed by Amendment IV. The Mapp v. Ohio case, Mapp’s appeal for her previous detention by Cleveland’s Police Department, is counted among the most popular twentieth-century Supreme Court-handled cases. Amendment IV forbids unauthorized searches and seizures in…
This is why computer evidence -- such as the email itself -- cannot outweigh the underlying crime. What is being investigated is a threat against human life.
While investigating this threatening email and Westfall (the main suspect), it is important for the investigator to heed the law; suspects still have all the legal rights and protections afforded them per the United States Constitution (eyes & Brittson 2007). "eading emails, intercepting communication, searching and copying computer data may land you in hot water if you do not have the proper permissions, or authority to do so" (2007). All investigations including computer crimes must follow certain forensic procedures in order for evidence to be admissible as well as to avoid civil and criminal liability. The Fourth Amendment, Electronic Communications Privacy Act (18 U.S.C. § 2501 et seq.), Electronic Communications Privacy Act (18 U.S.C. § 2701 et seq.), Pen egister and Trap and…
1. Bryant, Robin P. (2008). Investigating Digital Crime. Wiley; 1st edition.
2. Casey, Ecoghan. (2004). Digital Evidence and Computer Crime. Academic Press; 2nd edition.
3. GeoBytes. (2010). "IP Address Locator Tool." GeoBytes. Retrieved on July 2, 2010,
from the Web site: http://www.geobytes.com/IpLocator.htm
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a defensive weapon against society and the laws and proceedings that often took place, in that it allowed a person to insist that they did not have to and were not going to answer a particular question that was asked of them, and what was more, they did not have to answer the question because they were protected under the law.
Somewhere along the way, though, this protection that was designed for a very specific purpose began to be extended to other purposes, therefore 'watering down' the importance of the 5th amendment and making it into somewhat of a joke as opposed to a serious legal matter that can…
Bart v. United States. 349 U.S. 219 (1954).
Counselman v. Hitchcock. 142 U.S. 547 (1891).
Emspak v. United States. 349 U.S. 190 (1954).
Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961).
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing something to make things better" -- Laurel Paget-Seekins (Lindsey, 2004, p. 1) the U.S.A. Patriot Act has been touted to do just this - or to make things better in terms of security of American citizens and it is certain that the provisions of this Act have served to increase levels of security for American citizens but this security has come with a cost attached and for some Americans the cost is too high and too intrusive upon their basic civil rights. One such instance of the complexity created within the security paradigm are the no-fly lists that have been implemented in U.S. airports since September…
Bohn, Kevin (2003) Patriot Act Reports Documents Civil Rights Complaints. 31 July 2003. CNN Law Center. Online available at http://www.cnn.com/2003/LAW/07/21/justice.civil.liberties/index.html
Carafano, James Jay (2007) Securing the Home Front. The Heritage Foundation. 10 July 2007. Online available at http://www.heritage.org/Press/Commentary/ed071107a.cfm
Drew, Kevin (2002) Balancing Life and Liberty: Danger to Civil Liberties when Security is Strengthened - CNN Law Center 10 Sept 2002. Online available at http://archives.cnn.com/2002/LAW/09/05/ar911.civil.liberties/
Houses, spaces raided throughout the Twin Cities (2008) Coldsnap Legal 30 Aug 2008. Online available at http://coldsnaplegal.wordpress.com/2008/08/30/houses-spaces-raided-throughout-the-twin-cities/
When I first entered the State Courthouse I immediately checked the bulletin boards to see what cases were being heard that day. However, not knowing the details from reading the list, I just chose a few by chance and decided to sit in and listen. I was surprised how many other observers there were in the courtrooms; I thought at first that people would look at me funny but no one minded my being there at all. The first hearing was one for the issuance of a search and seizure warrant by the police. Two uniformed officers were petitioning the judge to search someone's car and home, I believe. The second case I saw being tried was part of an actual misdemeanor trial. The defendant was accused of petty theft. Finally I briefly sat in on a traffic violation case. Although each of these cases was heard differently,…
Patriot Act and Constitutional Freedom
Thomas Jefferson said: 'The price of freedom is constant vigilance.' Unfortunately in a large nation dedicated to the individual freedom and liberty of all its citizens, the only time when the nation learns that is has not been vigilant enough is when a person, or group of persons take advantage of that freedom, and abuse the liberty of others in order to further their own destructive purposes. The tragedy of 9-11 is the most recent case in point of how a nation can take its freedom and liberty for granted, which ultimately makes a doorway for others to tear down that which has taken over 200 years to build, protect, and defend.
When our country endured similar acts of threat or war, such as the bombing of Pearl Harbor, or the expansion of communism into the Western Hemisphere in Cuba, the government has oven reacted…
The Alien and Sedtion acts. (2001) Folwells Laws of the U.S. Early America.com Accessed 1 Jan 2004. Available from http://earlyamerica.com/earlyamerica/milestones/sedition/ .
Dempsey, Jim. (2003, Jan 3) Cyber Security. Center for Democracy and Security. Accessed 1 Jan 2004. Available at http://www.cdt.org/security/000404amending.shtml
Henderson, N. (2002) The Patriot Act's impact on the government's ability to conduct electronic surveillance of ongoing domestic communications. Duke Law Journal, Vol. 52.
Japanese-Americans Internment Camps During World War II. Special Collections Department, J. Willard Marriott Library, University of Utah. Accessed 1 Jan 2003. Available from http://www.lib.utah.edu/spc/photo/9066/9066.htm