Law Enforcement Officers Search And Seizure
1,507 wordsJurisdiction 1 Statement of the Case 1 - 7 Question Presented 7 - 8 Summary of Argument 8 - 11 Analysis of Issue 1 11 - 12 Analysis of Issue 2 13 - 14 Conclusion 14 - 15 Arizona vs. Hicks, 480 U. S 321 (1987) Illinois vs. Andreas, 463 U. S. 765 (1983) Michigan vs. Long, 463 U. S. 1032 n. 16 (1983) Texas vs. Brown, 460 U. S. 730 (1983) The Minnesota Supreme Court found the respondent Timothy Dickerson guilty of the possession of cocaine. The Minnesota Court of Appeals reversed the decision. The S...
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Law Enforcement Officers Search And Seizure
1,489 words... ive the officers the right to follow him and pull him over in order to search him. The plain-view doctrine allows law enforcement officers to investigate and search someone they feel may be hiding something illegal. The officers give comments within the case and proceedings that they clearly felt something was hidden within the respondents clothing, this shows that they had the legal right to remove the item. While it may seem that the respondent was somehow robbed of his Fourth Amendment ri...
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Arrest Search Warrants And Probable Cause
1,681 words1. The United States Supreme Court has held that normally, a police seizure of either evidence of a crime in a constitutionally protected area or a possible criminal defendant must be based on probable cause (e. g. , Illinois v. Gates (1983) ). Furthermore, the Court has repeatedly stated that a government search or seizure on private premises without a warrant is presumptively unreasonable under the Fourth Amendment unless it falls within one of the "carefully delineated" (Welsh v. Wisconsin, (...
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Fourth Amendment Unreasonable Searches
1,040 wordsPrivacy. There seems to be no legal issue today that cuts so wide a swath through conflicts confronting American society: from AIDS tests to wiretaps, polygraph test to computerized data bases, the common denominator has been whether the right to privacy outweighs other concerns of society" This quote from Robert Ellis Smith explains, in one sentence, the absolute need to ensure privacy in the workplace. One of the most interesting, yet controversial, areas concerning public personnel is employe...
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Fourth Amendment Poll Tax
665 wordsThe Twenty-Fourth Amendment states that as a citizen of the United States you should not have to pay a tax to vote. The tax that the Twenty-Fourth Amendment abolished was called the poll tax. The poll tax was levied on an individual used as a prerequisite for voting. Poll taxes are the same for all persons subject to them, regardless of their income, property or other taxes paid. One of the main reasons for the poll tax was to discourage African-Americans and poor people from voting. This amendm...
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Usa Patriot Act George W Bush
2,478 wordsThe Effects of the War on Terror on Fourth Amendment Rights We are people of the 21 st century live in the world of great opportunities and technological progress. But at the same time we have to fight with the problems of the century. The worst one is terror. Nowadays there is hardly a nation that hasnt clashed with it. Various nations have provided several campaigns against terrorism; but modern war on terrorism is waged primarily by the United States, with support of its allies and NATO. The ...
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Fourth Amendment Drug Testing
1,749 wordsThe pros and cons of employer drug testing programs In the USA testing for drugs is widely applied among civil servants, in industrial and transport agencies, in banks, in army and in fleet. Already 81 % of private companies check employees working for them and 98 % of firms check the people taken into the service. Besides, many kinds of activity cant receive licenses without regular check of their personnel for the probable usage of drugs is fulfilled. Protectors of employee drugs testing progr...
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Law Enforcement Officials Law Enforcement Agencies
1,907 wordsNext Five Years & Principle of Inquiry in Police Force The Fourth Amendment to the Constitution states that people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts decision on this matter I will be relating th...
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Fourth Amendment Probable Cause
750 wordsCars and the fourth amendment, 6 - 28 - 99 You should be forgiven for any sneaking suspicions you may have that the nine elders in black dresses who have the final word on matters legal in the U. S. dont spend much time driving. After all, the Supreme Court cant seem to get enough of stripping Fourth Amendment protections from Americans favorite mode of transportation. Any more decisions like Maryland v. Dyson and we may be forced to drive vehicles as transparent as Wonder Womans invisible airpl...
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Search And Seizure Probable Cause
531 wordsOne night John Doe is driving down the freeway and is pulled over for a routine traffic violation. After issuing poor Johnny a traffic ticket the officer asks him one little question that could change Johnny's insignificant life forever. May I search your car? Now imagine if you were in Johns position, how would you have responded to the question. Would you have just said yes and let the officer go through your personal belongings, or would you say no. If you were to say no could it lead to cons...
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Random Drug Testing War On Drugs
2,989 wordsDrug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen? s right to unreasonable search and seizure? s along with jeopardizing one? s freedom. Drug testing is not only an unreliable invasion of a person? s privacy but it assumes that ...
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Equal Protection Clause Los Angeles Police
4,653 wordsI. INTRODUCTION Let me make this very clear. The Maryland State police has not, does not, nor will it ever condone the use of race-based profiling in determining which cars to stop on the highway. 1 Chief State Trooper Colonel David Mitchell issued this statement in response to a lawsuit filed against the Maryland State Troopers. The suit was filed on behalf of African-American motorists who alleged that these officers had engaged in a practice of targeting black motorists for traffic stops alon...
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Fourth Amendment Privately Owned
2,972 wordsThe Fourth Amendment to the Constitution states that people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts decision on this matter I will be relating their decisions in the cases of Oliver v. United States (...
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Law Enforcement Officers U S Constitution
3,070 wordsTABLE OF CONTENTS Page Jurisdiction 1 Statement of the Case 1 - 7 Question Presented 7 - 8 Summary of Argument 8 - 11 Analysis of Issue 1 11 - 12 Analysis of Issue 2 13 - 14 Conclusion 14 - 1 TABLE OF AUTHORITIES Cases Arizona vs. Hicks, 480 U. S 321 (1987) Certiorari, 506 U. S. 814 (1992) Illinois vs. Andreas, 463 U. S. 765 (1983) Mapp vs. Ohio, 367 U. S. 643 (1961) Michigan vs. Long, 463 U. S. 1032 n. 16 (1983) Terry vs. Ohio, 392 U. S. 1 (1968) Texas vs. Brown, 460 U. S. 730 (1983) U. S. Cons...
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T L O Law Enforcement Officers
1,135 wordsName of the case and year it was decided X New Jersey v. T. L. O. (1985) The constitutional amendment V or section thereof X which the court is interpreting X 14 th amendment The specific facts of the case X On March 7, 1980, a teacher at Piscataway High School in New Jersey found two girls smoking in a restroom. Since this was a violation of school rules, the teacher took the two students to the principals office. The assistant vice principal questioned the two girls separately. One student adm...
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T L O Fourth Amendment
334 wordsNew Jersey Vs. T. L. O. Decision: Reasonable standard held to be proper standard for determining legality of searches conducted by public school officials. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J. , found two girls smoking in the school lavatory, which was a violation of school code. The teacher took them to the Principles office where they met the Assistant Vice-Principle Theodore Choplick. Under questioning the first girl admitted smoking in the lavatory...
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Law Enforcement Officers Police Officers
3,734 wordsPolice Officers Overstep Their Rights When Searching People One of the main powers law enforcement officers carry is the authority to make citizens involuntarily give up their rights. Most people when confronted by police get mild to moderate panic reaction, can become nervous or anxious, and do as much as possible to limit the time spent with the officer. Due to the difference in power between a citizen and a police officer, citizens often unknowingly, give up their constitutional rights when a...
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Searches And Seizures Fourth Amendment
1,166 wordsKatz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a persons pro...
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Racial Profiling Fourth Amendment
1,229 wordsRacial Profiling can be defined as the identification of racial factors, such as skin color, hair texture, facial structure, physical attire, gender, spoken language, accent, or religion. As noted above, there are many ways in which someone can be racially profile. Racial profiling has been used for many years. It started with segregation in the early 1900 s and recently with cases such as Major Aaron Campbell vs Florida. Yet, racial profiling has been overlooked and not investigated thoroughly ...
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Driving While Black Criminal Justice System
3,718 wordsThe interviews excerpted here show that racially biased pre textual traffic stops have a strong and immediate impact on the individual African-American drivers involved. These stops are not the minor inconveniences they might seem to those who are not subjected to them. Rather, they are experiences that can wound the soul and cause psychological scar tissue to form. And the statistics show that these experiences are not simply disconnected anecdotes or exaggerated versions of personal experience...
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