...arrest warrant is required and when it is not. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, and effects. It states no warrants shall be issued unless there is probable cause, supported by oath or affirmation, and specifically describes the place to be searched and the person or things to be seized. However, both the U.S. Supreme Court and federal courts have specified limited exceptions to the Fourth Amendment search warrant requirement. The seven exceptions to the Fourth Amendment...
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...probable cause to arrest respondent for the offenses he was later charged with, those offenses were charged as misdemeanors (STATE V. OTHOUDT). As of this writing, neither the Minnesota Supreme Court nor the United States Supreme Court has ever held that exigent circumstances would permit a warrantless entry into a home to arrest for an offense of this level (State of Minnesota, Respondent, vs. James Howard Klein, 2014). Cases such as this one could possibly jeopardize the privacy protections offered by the Fourth Amendment and create the potential for abusive police practices (Cars, Cops, and Crooks: A Reexamination of Belton and Carroll ). An attempt to expound upon the effects of failing to obtain consent to make a warrantless search of a dwelling is explored. Case Brief: State v. Othoudt, 482 N.W.2d 218 (Minn. 1992) * STATEMENT OF THE CASE: This case is an appeal by the State of Minnesota of the trial courts findings of the state’s warrantless search and entry of the Othoudt home, which culminated in the arrest and charges against Richard Othoudt, was in violation of the fourth amendment of the United States Constitution and article 1 of the Minnesota Constitution. * STATEMENT OF THE FACTS: On Jan. 30, 1990, Sherburne County, Minnesota Deputy Sheriff Olmanson was dispatched to investigate a traffic accident which...
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...have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student population at Eastern Michigan University to provide arguments and counterarguments that indicate that schools violate the first and fourth amendment when schools request access of students’...
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...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally...
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...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and...
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...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...
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...consist of one Amendment of my choosing that is related to the protection of people, their property, or criminal law itself. The second part is on the specific powers that the federal government has been granted with to make criminal laws versus those our state governments have been grant with. The third part will define, compare and contrast the four main goals of our criminal justice system. Then the last part will explain what is meant by police power and the limitations to that power. In order to understand and interpret any one of the Amendments to our Constitution, we need to know what the word amendment means. The definition of the word amendment is a correction or alteration of a manuscript, document, or record usually to improve it according to The American Heritage® Dictionary (The American Heritage® Dictionary, 2012). The Amendment this report will talk about is the Fourth Amendment. This Amendment is the search and seizure amendment. The Fourth Amendment to me means that the government cannot conduct unlawful searches and seizures of any one person and their property (Territo, Halsted, & Bromley, 2004). I think that the purpose of this Amendment is important because it protects us all from the government in invading our privacy and the police from using their power to investigate a crime without probable cause. Another thing that goes along with this is the police need a warrant in order to search and seize people and their things. This amendment first came about...
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...legal, and extralegal. The extralegal remedy are remedies that are conducted outside the legal process such as vigilantism and the legal remedies are those that are made by law, a court decision, and police agency policy or procedure. In the criminal procedure process the most significant remedy is the exclusionary rule. The exclusionary rule means exclusion; it states any evidence that was obtained in any violation of the constitution will not be presented in a criminal court to prove guilt. In 1886 the rule was used in the case Boyd v. United States (116 U.S. 616 [1886], Worrall, 2012).With this case the courts held that the evidence was improbably obtained and it was within violation with amendment fourth and fifth. The fourth amendment is illegal search and seizer while the fifth Amendment secures self-incrimination. By 1960 different states had come up with their own version similar to the exclusionary rule such within Elkins v. United States (Elkins v. United States, 364 U.S. 206 [1960], Worrall, 2012) . In this case the silver platter doctrine has been accessible. This doctrine permits use of evidence in a federal court that was found or gathered illegally. Eventually the courts figured out that the doctrine allowed state law enforcement to ask enforcement officials to seize the evidence, even if it violate the constitution so there for the doctrine was thrown out. There are many different thoughts of the functional to the exclusionary rule. Some individuals feel...
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...Security Issues in Legal Context Discussion 5.1: Privacy in the Workplace The Children's Online Privacy Protection Act, which went into effect date, April 21, 2000, affects U. S. commercial Web sites and third-party commercial Web sites that schools permit their students to access. "COPPA requires "operators of websites or online services directed to children and operators of websites or online services who have actual knowledge that the person from whom they seek information is a child (1) To post prominent links on their websites to a notice of how they collect, use, and/or disclose personal information from children; (2) With certain exceptions, to notify parents that they wish to collect information from their children and obtain parental consent prior to collecting, using, and/or disclosing such information; (3) Not to condition a child's participation in online activities on the provision of more personal information than is reasonably necessary to participate in the activity; (4) To allow parents the opportunity to review and/or have their children's information deleted from the operator’s database and to prohibit further collection from the child; and (5) To establish procedures to protect the confidentiality, security, and integrity of personal information they collect from children. Non-profit sites are not included in the act; however, many are voluntarily complying. The Children's Internet Protection Act went into effect April 20, 2001...
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...Alex Martino LEGL 616.12 4/11/2012 Privacy with Regards to Electronic Communication in the Workplace Background Given the rise of electronic communication, it is not surprising that privacy with regards to communication such as emailing, texting, or social networking, has become a very big issue. Probably the most prominent area relating to electronic privacy is consumer privacy. Stories about Google or Facebook’s privacy policies are front-page news. However, although it perhaps receives less attention, electronic workplace privacy is just as big an issue. Workers communicate at work using various devices. Some workers rely on a computer to send emails. Other workers may favor using a land phone or a cell phone for communication with important clients. In some cases, workers use texting on cell phones to communicate with fellow employees. The one similarity between all these workers is that they are all probably communicating on a device or on a network that belongs to the company that they work for. Workers are also likely to use work equipment, a computer or a company cell phone, to make personal calls. This makes sense, given the long hours that people often spend at work and the ease of using work machines to communicate. A recent article in The Economist, “Slaves to the Smartphone”, states “Employees find it ever harder to distinguish between ‘on-time’ and ‘off-time’—and indeed between real work and make-work.” Most electronic communication at work (whether...
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...Individual Rights vs. Public Order In the past, there have been historians and sociologists who believe that there is some variety between public order that emphasizes individual rights and that in turn emphasizes public order. Individual rights will exist no matter what. It’s the different governments that choose to protect them or not. Those governments that do may be considered open-minded. Those governments that don’t may be considered oppressive. Those governments that choose to protect their citizen’s individual rights do so in a manner with advantages and disadvantages to both the individuals and public order. There are many laws that exist in America and they are in place to keep people of America safe. Individual rights exist to give individuals their freedom, and that identical freedom can be the foundation to cause people to take advantage. People feel they are safe in their everyday lives. Public order is what keeps the world safe from mishaps. The ultimate life is to have freedom and of course everyone wants it; however people can take advantage of that desire and privilege regardless of who they are. Individuals are given rights which protect them from being mistreated from anyone, such as government officials, although most of the rights are given to keep people from being mistreated from the Justice System. The bill of rights was established to help protect the citizens of America. “The bill of rights is devoted to defending the rights of people who are accused...
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...Ever since the birth of man, tyranny has existed in some way, and so has mans desire to be free from it. Our forefathers in this country fought and died and risked everything they had in this world just to create a place where we could truly, at least for a time, be free of tyranny. They repelled the greatest empire the world had ever known based on their belief that if they could be free they could change the world for the better. We created more wealth, more art, more innovation, more technology than any other nation in history with our freedom. Our freedoms were protected by a document called the Constitution, a document that provided a very specific rules that the federal government could not violate. In recent years however the constitution has been being worked around, and most recently almost entirely ignored. We are in an out of control financial crisis., and out government is working as hard as it can to find ways to violate our basic fundamental freedoms so it can have more control. We are in so many countries with our army that it’s getting hard to count. We are becoming the very empire we fought so hard to escape. If only we would follow our constitution more closely, we wouldn’t be in this mess. The Constitution ensures that the government has a very limited and specific duty: To provide for the common defense of the nation as a whole, and to provide mechanisms to allow trade between the states, and to other countries. The state governments were given powers above...
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...Should the Legal requirements for obtaining a Search Warrant be changed? By: Leonard Douzart CRJU 3402 Valdosta State University Outline I. Introduction II. Main Body a) My background study on the legal requirements b) My proof of opinion on why it should be changed c) Comparisons from different people of why it should be changed d) The latest research of a warrant e) Factors influencing the decision of the legal requirements of why obtaining a search warrant should be changed III. Supporting Facts a) Data analysis b) Comparisons between why it should and shouldn’t be changed c) Research towards the legal requirements of search warrants IV. Conclusion a) An analytical summary of what my reasoning and fact is of obtaining a search warrant and should it be changed b) My thesis reworded to state the final paper Thesis Statement In this thesis statement we are going to explore the reasoning, should the legal requirements of obtaining a search warrant be changed. This is going to show you how it is all designed and many different examples of why it should be changed along with different cases that proves why it should be changed. The passage is going to demonstrate many sources and legal forms that result to this topic of study of why search warrants should be changed in this type of matter because to some citizens this seems to be a problem when going against their own rights. The most important...
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...reintegrated soon to form the Union. However, people in various states have been from the time of independence, till date, extremely vocal of territorial autonomy and political independence. One such demand relates to the demand of ‘Reorganization of states’3 ethnic differences, and economical differences. This movement, thus led to what we see today, ‘The Union of India’, with 28 states and 7 Union territories. On the eve of independence on the basis of language, Pandit Jawaharlal Nehru’s speech, at the time of Independence, 15th 1 2Majeed A. (The Changing Politics of States' Reorganization). 2003 Publius Vol. 33, No. 4, Emerging Federal Process in India (Autumn, 2003) (pp. 83-98) The Seventh Amendment to the Constitution, 1956, which bought about changes in- Articles 1, 49, 80, 81, 82, 3 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232. Inserted articles 258A,...
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...state legislature to convene a state constitution convention. Every twenty years, under the state constitution, the ballot question "Shall there be a Constitutional Convention to amend or revise the Constitution of the state?" is placed on the ballot for consideration. This year marks Connecticut's 220th since its admission to the Union in 1788. The Court's willingness to undemocratically impose same-sex marriage on Connecticut has made it necessary for us to demand the right to Let the People Decide, expressed Peter Wolfgang, executive director of the Family Institute of Connecticut (FIC), in a press release following Friday's high court decision. And that is why thousands of us will vote 'yes' for a constitutional convention on November 4th." If enough votes are found to favor a convention, it will be incumbent upon the state legislature to convene a state Constitution Convention, explained Matthew M. Daly, chairman of the Constitution Convention Campaign. There, the people of Connecticut can implement Initiative Referendum as a mechanism and amend the state Constitution for a 31st time. Read the entire article here: Connecticut and Massachusetts have legalized gay marriage. When Mitt Romney was...
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