...Linda Barron-Gronvold CCJS 234-Criminal Procedure and Evidence September 17, 2013 Warrantless Search & Seizure Memorandum To: Judge M. Pearson From: Linda Barron-Gronvold Re: Elliott Watson case – Marijuana Possession with Intent to Distribute Prosecution Date: September 17, 2013 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones, from her home. Based on the description of the kidnapping victims’ vehicle description and the kidnappers clothing and the vehicle mechanical problems of Mr. Watson’s vehicle, a Fiat sports coupe and clothing which fit the description of the kidnappers clothing as well, Johnson pulled vehicle over for a police “car stop”, based on the fact that Mr. Watsons’ Fiat Sports Coupe fit the minimal description of a vehicle used in a three year old child kidnapping that happened at 3: 00 A.M., Officer Timothy Johnson was patrolling the area where the kidnapping occurred and noticed that a Fiat Sports Coupe car was having mechanical difficulties: stuttering and stalling. Officer Johnson decided to pull the vehicle over and get the license and registration...
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...attorneys read the case briefs which made the fire investigator’s job easier. Before this decision search warrant at a fire was unheard of. Loren Tyler and Robert Tompkins leased a furniture store, Tyler’s Action, in Oakland County, Michigan. On January 21st, 1970 the fire occurred before midnight. The fire department extinguished the fire and found two jugs containing flammable liquid. The arguments of the state was questions of when and to what extent of warrant is to be mandatory for post fire and by analogy other post disaster investigations and of which evidence is admissible against in particular arsonists who burn their own buildings. The case arises as out of facts which were the most part are typical of any arson for profit case with two small exceptions. In relating the facts and in attempting to justify, a warrant was post fire searches in general as well as the searches which occurred in particular in this case. Testimony of Oscar Frisch, a former employee of the respondents will prove that he helped move valuable items from the store and old furniture into the store a few days before the fire. He also related that the respondents had told him there would be a fire on January 21, and had instructed him to place mattresses on top of other objects so that they would burn better (U.S. Supreme Media 2013). The defense argued the entries in this case were without proper consent and were not authorized by a valid search warrant; each one is illegal unless it falls within...
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...PEOPLE V. DORIA 301 SCRA 668 Facts: North Metropolitan District, Philippine National Police (PNP) Narcotics Command (Narcom), received information from two (2) civilian informants (CI) that one “Jun” was engaged in illegal drug activities in Mandaluyong City. The Narcom agents decided to entrap and arrest “Jun” in a buy-bust operation scheduled on December 5, 1995 at E. Jacinto Street in Mandaluyong City. On December 5, 1995, at 6:00 in the morning, P/Insp. Cortes designated PO3 Manlangit as the poseur-buyer and SPO1 Badua as his back-up, and the rest of the team as perimeter security. PO3 Manlangit set aside P1,600.00 as money for the buy-bust operation.. PO3 Manlangit marked the bills with his initials and listed their serial numbers in the police blotter. At 7:20 of the same morning, “Jun” appeared and the CI introduced PO3 Manlangit as interested in buying one (1) kilo of marijuana. PO3 Manlangit handed “Jun” the marked bills worth P1,600.00. “Jun” instructed PO3 Manlangit to wait for him at the corner of Shaw Boulevard and Jacinto Street while he got the marijuana from his associate. An hour later, “Jun” appeared at the agreed place where PO3 Manlangit, the CI and the rest of the team were waiting. “Jun” took out from his bag an object wrapped in plastic and gave it to PO3 Manlangit. PO3 Manlangit forthwith arrested “Jun” as SPO1 Badua rushed to help in the arrest. They frisked “Jun” but did not find the marked bills on him. Upon inquiry, “Jun” revealed that he...
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...NORTHCENTRAL UNIVERSITY ASSIGNMENT COVER SHEET Learner: William R. Teal THIS FORM MUST BE COMPLETELY FILLED IN Please Follow These Procedures: If requested by your mentor, use an assignment cover sheet as the first page of the word processor file. The assignment header should include the Learner’s last name, first initial, course code, dash, and assignment number (DoeJXXX0000-1) justified to the left and the page number justified to the right. Keep a Photocopy or Electronic Copy of Your Assignments: You may need to re-submit assignments if your mentor has indicated that you may or must do so. Academic Integrity: All work submitted in each course must be the Learner’s own. This includes all assignments, exams, term papers, and other projects required by the faculty mentor. The known submission of another person’s work represented as that of the Learner’s without properly citing the source of the work will be considered plagiarism and will result in an unsatisfactory grade for the work submitted or for the entire course, and may result in academic dismissal. | | CJ7006 | Dr. Andre Williams | | | Intro to Maritime Narcotic Smuggling | TealWCJ7006-4 | | | ------------------------------------------------- Faculty Use Only ------------------------------------------------- <Faculty comments here> ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ...
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...Single Convention on Narcotic Drugs From Wikipedia, the free encyclopedia | [hide]This article has multiple issues. Please help improve it or discuss these issues on the talk page. | This article lends undue weight to certain ideas, incidents, or controversies. (December 2013) | This article is outdated. (December 2013) | This article needs additional citations for verification. (October 2014) | | | Single Convention on Narcotic Drugs | Governments of opium-producing Parties are required to "purchase and take physical possession of such crops as soon as possible" after harvest to prevent diversion into the illicit market. | Signed | 30 March 1961 | Location | New York City | Effective | 8 August 1975 [1] | Condition | 40 ratifications | Parties | 185[1] | Depositary | Secretary-General of the United Nations | Languages | Chinese, English, French, Russian and Spanish | Single Convention on Narcotic Drugs at Wikisource | The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-9637 April 30, 1957 AMERICAN BIBLE SOCIETY, plaintiff-appellant, vs. CITY OF MANILA, defendant-appellee. City Fiscal Eugenio Angeles and Juan Nabong for appellant. Assistant City Fiscal Arsenio Nañawa for appellee. FELIX, J.: Plaintiff-appellant is a foreign, non-stock, non-profit, religious, missionary corporation duly registered and doing business in the Philippines through its Philippine agency established in Manila in November, 1898, with its principal office at 636 Isaac Peral in said City. The defendant appellee is a municipal corporation with powers that are to be exercised in conformity with the provisions of Republic Act No. 409, known as the Revised Charter of the City of Manila. In the course of its ministry, plaintiff's Philippine agency has been distributing and selling bibles and/or gospel portions thereof (except during the Japanese occupation) throughout the Philippines and translating the same into several Philippine dialects. On May 29 1953, the acting City Treasurer of the City of Manila informed plaintiff that it was conducting the business of general merchandise since November, 1945, without providing itself with the necessary Mayor's permit and municipal license, in violation of Ordinance No. 3000, as amended, and Ordinances Nos. 2529, 3028 and 3364, and required plaintiff to secure, within three days, the corresponding permit and license fees, together with compromise...
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...1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible...
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...Citation: 50 Va. J. Int'l L. 553 2009-2010 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Nov 6 03:36:58 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0042-6571 50TH ANNIVERSARY COMMEMORATIVE ESSAY Somalia: State Failure, Piracy, and the Challenge to International Law MARIO SILVA* Introduction .......................................................................................... I. T he Failed State ......................................................................... A . In General ........................................................................ B. Case Study: Somalia ........................................................ 1. Political Instability in Somalia ............................. 2. Economic Instability in Somalia .......................... 3. Humanitarian Challenges and Societal Instability in Somalia ............................................ II. P iracy ......................................................................................... A . In General ..................................................
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...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are: National Federation of Paralegal Associations National Association of Legal Assistants American Bar Association Your state bar association Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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...INTER-NATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME Note: Any views expressed are those of the author and are not attributable to any government or organization. I INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes...
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...CHAPTER 2. A HISTORY OF DRUG AND ALCOHOL ABUSE IN AMERICA Written by: Tammy L. Anderson To appear in: Harrison, L., Anderson, T., Martin, S., and Robbins, C. Drug and Alcohol Use in Social Context. Belmont, CA: Wadsworth Publishing -1- A HISTORY OF DRUGS AND ALCOHOL IN THE UNITED STATES Introduction The purpose of this chapter is to review the history of drug use and its social control in the United States so that students can gain an improved and thorough understanding of today’s problems and policies. Our approach to this matter is sociological, i.e., exploring how the interconnection between culture, social institutions, groups, and individuals function to create drug-related phenomena. A sociological approach integrates many kinds of social, cultural, political, and economic factors that manifest themselves in everyday life. While pharmacology helps us comprehend how specific drugs impact brain activity, sociology can inform us about the social roots of drugrelated behaviors which ultimately shape beliefs and behavior and motivate social policy. Therefore, a review of drug use in the U.S. and the social response to it must consider many diverse phenomena. This broader framework will move us beyond domestic borders and into the international community, for the history of drug abuse is an international, socio-political marvel. Another idea warrants mentioning before we begin our history lesson. It centers on the idea that drug use and abuse are socially...
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...Addiction is more often now defined by the continuing, compulsive nature of the drug use despite physical and/or psychological harm to the user and society and includes both licit and illicit drugs, and the term "substance abuse" is now frequently used because of the broad range of substances (including alcohol and inhalants) that can fit the addictive profile. Psychological dependence is the subjective feeling that the user needs the drug to maintain a feeling of well-being; physical dependence is characterized by tolerance (the need for increasingly larger doses in order to achieve the initial effect) and withdrawal symptoms when the user is abstinent. INTRODUCTION Illegal drug use is “almost automatically”([1]) associated with criminal behaviour. The statistical relationship between illegal drug use and crime is convincing at first glance, but it is not possible to draw a conclusion regarding a definite cause-and-effect link between the two phenomena. The suggestion that drugs lead to crime ignores the impact that living conditions can have on an individual and takes no account, according to Serge Brochu (an expert in this field), of a body of data...
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...[pic] Frank G. Madsen Queens’ College University of Cambridge International Monetary Flows of Non-Declared Origin This dissertation is submitted to the University of Cambridge to Fulfil the Requirements for the Degree of Doctor of Philosophy April 2008 Ambrogio Lorenzetti, Effetti del Buon Governo Siena, Palazzo Pubblico Sala dei Nove 1337-1340 Declaration This dissertation is the result of my own work and includes nothing, which is the outcome of work done in collaboration. Chapter 3, “Complexity, TOC and Terrorism”, was presented in an embryonic form at the ISA conference in Chicago, USA, March 2007. Chapter 4, “Organised Crime”, is the further elaboration of a chapter of the same title published in 2007 in the Oxford Handbook on the United Nations Statement of Length The dissertation does not exceed the word limit of 80,000 words Fieldwork Thailand (money laundering); Indonesia and Burma (deforestation); New York (US money supply); Washington DC and Fort Worth, Texas (Organised Crime linked to terrorist funding); Australia (Sydney, (APG) and Canberra (money laundering, South Pacific); and Rome, Italy (Chinese organised crime). Contact Frank.Madsen@cantab.net Abstract Through an analysis of the presence and nature of international monetary flows of non-declared origin and their relation to deviant knowledge, the thesis...
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...BACKGROUND Because this is an appeal from the denial of a motion for summary judgment, we construe the evidence in the light most favorable to Poe, the non-moving party. See, e.g., Goldberg v. Cablevision Sys. Corp., 261 F.3d 318, 324 (2d Cir.2001). I. Factual Background A. The Filming of the Trooper Candidate Testing Videos At some time during the fall of 1992, several administrative officials of the Connecticut State Police ("CSP") and the Connecticut Department of Administrative Services began to revise the testing procedures for trooper candidates at the CSP Training Academy ("police academy"). Captain Leonard, who had just assumed command of the CSP Bureau of Selections and Training,[1] supervised this ongoing project along with Dr. Martin Anderson ("Dr. Anderson"), the Chief Personnel Psychologist for the State of Connecticut. A particular focus of this project was the development 127*127 of several testing videos, designed to screen out those trooper candidates with poor observational and communicative skills. In essence, trooper candidates would be required to view a videotaped scene of a crime or other representative "real life" scenario that CSP officers typically confront and then to explain what they had observed. As originally planned, the video scenes would include a variety of circumstances: a depiction of a person driving while intoxicated, a man with a weapon who stops and robs a victim, a simple trespass, a "static" crime scene, and a scene with a distraught...
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