...future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were addressed in the case of the United States of America v. Richard D. King, Jr., as with many involving an attempt to claim the defendant’s 4th and 5th Amendment rights have been infringed upon by the law enforcement investigation. In the provided...
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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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...Instructor: Ronald Kemper September 17, 2013 Week v. United States What is the main issue or question involved in the case? Weeks v. United States was a Supreme Court case that the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment. On December 21, 1911 Mr. Weeks was arrested by police without a warrant, at the Union Station in K.C. Missouri, where he was employed by an express company. While he was detained other officers entered his residency without a warrant and took several possessions that were turned over to U.S Marshalls. Later that same day The U.S Marshalls returned and took additional evidence to try and convict Mr. Weeks also without a warrant. What precedent or laws did the court use in order to come to its ultimate conclusion? The case raised a question about the Fourth Amendment. What kind of protection does the 4th Amendment provide for U.S citizens? How can the evidence gained by an illegal search be used? What kind of penalty will be issued to officers who gain evidence through illegal search? Mr. Week’s lawyers argued the 4th Amendment will be meaningless unless it provides some real protection. To say that people are safe from unreasonable search and seizures have no value unless it is clear that evidence from such searches cannot be used in federal court. Federal officials should not be able to break the law in order to force the law. Drawing on...
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...The Supreme Court recently heard oral arguments over an important privacy rights case. The defendant in the case, Timothy Carpenter, was convicted of multiple armed robberies in Michigan and Ohio. Part of the evidence used to convict included his cell phone records, which showed his phone connected to cell towers in the vicinity of the robberies. Timothy Carpenter’s legal counsel argued that the prosecution could not use his phone records against him in the trial because they did not get a warrant for them. However, the lower courts disagreed and allowed the cell phone records to be used as evidence in the case and Carpenter was convicted of 116 years in prison. The privacy rights issue brought about by new technology appears to be testing...
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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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...Thesis When the government seizes the property of citizens through civil forfeiture, which occurs when officers take property from people suspected of crimes, they are in violation of these citizens’ 4th amendment right. Specifically, they are in violation of the 4th amendment clause against improper seizures. This paper will examine the background behind the Fourth Amendment, the history of civil forfeiture cases in the United States, three reasons against civil forfeiture, and focus on affirming Sourovelis’ argument in Sourovelis v. Philadelphia, a specific case regarding civil forfeiture in Philadelphia, Pennsylvania. Background Private property is a hallmark of the American tradition and Western culture. In fact, the Declaration of Independence almost read “Life, Liberty, and Private Property” instead of “Life, Liberty, and the Pursuit of Happiness” (Hamilton,...
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...being questioned by the police, a detective returned to the home to check on the wellbeing of Ms. Rojas and inform her of her boyfriend’s situation. The detective asked for Ms. Rojas’ consent to search the home, to which she gave both written and oral consent to the search. In the search of the home, the following items were found: gang paraphernalia relating to the Drifters gang, a butterfly knife that matched the description of the weapon from the robbery, clothing matching the description of what the robbery suspect was wearing, and a myriad of ammunition. Rojas’ four-year-old son also felt compelled to show police where Fernandez kept a sawed-off shotgun, which is an illegal weapon. Here ends the occurrences of that day. The charges against Mr. Fernandez were as follows: robbery, infliction of corporal assault on a cohabitant, possession of a firearm by a felon, possession of a short-barreled shotgun, and felony possession of ammunition. Originally, Mr. Fernandez moved to have the evidence found in his home dismissed, but his request was denied. Before the trial, he plead guilty to all charges but the robbery and assault, which he denied. During the trial, Ms. Rojas claimed that there was no dispute between her and Mr. Fernandez, and that when she opened the door, there were 6-7 police officers who rushed in and tackled Mr. Fernandez when he came into view. Ms Rojas claimed then that police stayed inside the apartment and “forced” her to sign consent forms and made her lie...
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...II. APPELLANT 'S SIXTH AMENDMENT RIGHT TO COUNSEL WAS PROTECTED WHEN APPELLANT 'S COUNSEL WAS PRESENT DURING THE LINE-UP PROCESS AND POLICE INTERVIEW IS NOT A CRITICAL STAGE OF THE CRIMINAL PROCEEDING WITHIN THE ASSISTANCE OF COUNSEL GUARANTEE OF THE SIXTH AMENDMENT BECAUSE THERE IS NO FACE TO FACE CONFRONTATION The Sixth Amendment states that the accused shall enjoy the right to the assistance of counsel for his defense in all criminal procedures. However, police interview is not a critical stage in a criminal proceeding within the meaning of the Sixth Amendment rights. This section will demonstrate that the appellant's Sixth Amendment was not violated because the lineup turned into a police interview when the witness switched rooms. Police...
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...is heavily dependent on the TV as their chief source of information or news about the rest of the world. Since the nations have simultaneous access to the violent new stories that are exaggerated and sensationalized to generate more and more ratings all over the international television channels, newspapers and even the internet, a lot of people have started thinking whether the U.S. Constitutions’ 2nd Amendment is restrictive enough or not. According to a case in the Supreme Court recently, there was an evaluation of the said Amendment and its context. A question needed answering which were whether there were any legitimate restrictions on gun ownership. According to the ruling of the Supreme Court, other Constitutional Amendments and the dangerous times, there are not many legitimate restrictions in the ownership of firearms. Thesis Statement “There are not a lot of legitimate restrictions in ownership of firearms.” Discussion In the Court case of Heller versus District of Columbia (D.C), there are arguments which cover almost all possible aspects of the 2nd Amendment. From the year 1975, Columbian District has put a ban within the residents of D.C’s homes, on the unlocked firearms’ possession. The residents were required by law to store any and all firearms which were permissible in the Columbian District disassembled and unloaded or at least to be fitted with a trigger lock. It might be a problem for the people who are unfamiliar with firearms to figure out how this...
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...ii Issues Presented for Review ................................................................................... 1 Statement of the Case ............................................................................................. 1 Statement of Facts .................................................................................................. 1 Summary of Argument ........................................................................................... 3 Argument ................................................................................................................ 4 Conclusion ............................................................................................................... 6 i TABLE OF AUTHORITIES U.S. Const. am. 4. ........................................................................................... 5, 6 FEDERAL CASES Chimel v. California (1969) 395 U.S. 752 .......................................................... 6 STATE CASES People v. Allen (1975) 50 Cal. App. 3d 8965 ...................................................... 6 People v. Summers (1999) 73 Cal.App.4th 290...
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...stating that race was a factor during the decision-making process. This case challenges the 4th amendment, which protects citizens from unreasonable searches, seizures without warrant. This case challenges the Fourth Amendment because they randomly went to Mr. Armstrong’s hotel room and the Fourteenth Amendment because since the citizens automatically lost their right to have equal protection of the law. In my opinion, Alexander specifically used this case to show how race affected the outcome of this case. The ruling weakens due processing of the law because in the text it didn’t mention that the officers had a warrant. It also weakens the equal protection of Armstrong and his colleagues because he was wrongfully searched so since he was not protected by the amendments, his equal...
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...Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group of religious leaders) Democracy: Power lies in the hand of the people. Basically a representative democracy, meaning we chose the people to make decisions. The dominant form of government today. Totalitarianism: The government was total control. Purpose is to implement the “utopian” society. Neg. side: They have to control everything, takes up a lot of resources. Gov. is inflexible, which leads to destruction of government. Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were...
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...country to attend school in Saudi Arabia and they wanted him to testify in the trial of Sami Omar Al-Hussayen. Mr. al-Hussayen was tried and acquitted on charges of supporting terrorist organizations. Al-Kidd filed a civil suit against then Attorney General John Ashcroft alleging that “in his more than two weeks of detainment, he was strip-searched, shackled, interrogated without a lawyer present and treated as a terrorist. He was never charged with a crime and never called to testify against al-Hussayen, who was acquitted of the most serious charges against him” (Washington Post). The American Civil Liberties Union (ACLU), which represented al-Kidd, claimed that he is one of 70 Muslim men who were treated similarly (Washington Post). Aschroft argued that he had absolute immunity from such civil suits seeing as how he was acting within the scope of his duties as US Attorney General. He also claimed that since...
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...such laws and surveillance. In the first segment of the Electronic Readings “Privacy, Legislation, and Surveillance Software” It mentions the 4th Amendment of the Constitution, “the rights to freedom from unreasonable search and seizure.” The explanation of why this amendment cannot interfere with the rights of employers to protect the interests of their property as well as protecting their investment in their employees. This statement and the exceptions provided by the Electronic Communication Privacy Act leaves little if any room to debate this topic. With companies losing billions of dollars a year in loss of productivity, law suits and sabotage employers have every right to protect their assets. I believe employee monitoring goes deeper than just monitoring employees and the implications of mis-handled information via internet. There have been too many scandals referring to this type of illegal mis-handling such as Wikileaks. If this type of mis-handled information can fall into the hands of our own citizens and employees then the technology for monitoring employees and even our own country’s security is at risk. In another sense I believe if there were a legitimate argument that these policies and laws of monitoring employees is unethical, I would truly be on the side of the employee and be against monitoring. When the amendments of the...
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...involving firearms. DePeiza attracted the officers' attention due to the odd way he was walking (DePeiza had his telephone to his left ear with his left hand and had his right arm straight, pressed against his right side). Based on their training, the officers learned that DePeiza's "straight arm" was a sign that he was carrying a firearm by pressing it against his body. The officers, who were driving in the opposite direction proceeded to reverse their direction and without activating their lights or sirens they approached DePeiza. During the interaction between DePeiza and the officers, DePeiza continually shielded his right side from the view of the officers. At a point in the conversation, the officers stepped out of the car and noticed that DePeiza was displaying signs of nervousness and was likely that he would run. Without being asked, DePeiza presented his student identification and driver's license. The officers noted that the DePeiza reached into his right rear pants pocket while turning away from them in an awkward position and that his jacket pocket appeared to obtain a heavy object. Binkerton performed a pat frisk and...
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