...Criminal Procedure- Article Summary CJA 364 July 1, 2013 Garry Moore Criminal Procedure- Article Summary In this summary an article focusing on Cost v. Commonwealth is dissected (Call, 2013). The article focuses on an officer who approached a parked vehicle and noticed suspicious activity by the passenger. The search and seizure will be the focus of this case and how it relates to probable cause. The officer noticed Cost immediately reach toward his pockets as the officer approached the vehicle. The officer removed Cost from the vehicle when Cost did not respond to the officer’s questions about what was in his pocket. Cost gave the officer permission for a pat-down, but refused a search. The officer conducted the pat down and felt small capsules in Cost’s pocket. The narcotics training the officer received gave him a hunch that the capsules were heroin. Probable cause is interpreted as a belief supported by facts that a crime has been or will be committed (Taylor, 2013). The officer believed he had probable cause and proceeded with a search. His suspicions were confirmed, the capsules were indeed heroin. The officer attempted to use his experience as a justification for a probable cause and the search. However, the Virginia Supreme Court did not agree. The court stated that the passenger was not required to respond to the officer’s questions and was compliant throughout the incident (Call, 2013). The item was not in plain view, the officer could not have known if the...
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...Criminal Procedure-Probable Cause Article Summary Richard Smith CJA 364 February 24, 2013 Matthew Taylor In the summary of a Bethlehem Twp man being arrested for drug paraphernalia, police also found a 9mm Russian-made pistol which lead to a charge of possession of a hand gun. Township law enforcement officers had probable cause when they received numerous complaints of vehicles regularly driving up and only staying a short length of time at the residence (Warner, 2013). After conducting a lengthy investigation, police obtained a search warrant for the home. While conducting the search warrant, law enforcement officials found unpackaged marijuana hidden inside a toilet, inside the suspect’s pocket, marijuana in plastic bags elsewhere and were able to seize a scale commonly used to weigh the marijuana. That is when they also found the 9mm hand gun in the home. Law enforcement had probable cause because of the complaints and followed correct procedures to obtain the warrant. The suspect was charged with intent to deliver, possession of marijuana and possession of drug paraphernalia. The probable cause that the officers had was from the calls that they received from various neighbors. The officers then followed correct procedures to obtain the warrant/arrest warrant. Judges may issue the warrant based on probable cause from the officers. The warrant/arrest warrant needs to be considered as well that the warrant itself does not include the conviction of the suspect....
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...Criminal Procedure-Probable Cause Article Summary David L. Clay CJA/315 February 8, 2016 Scott Horwath Criminal Procedure-Probable Cause Article Summary Manuel Celis-Acosta is accused to be the ring leader of the Fast and Furious Operation who helped organize the transfer and purchase of about 2,000 weapons to the Sinaloa Castel. He is also accused of providing the weapons used in the kill of border patrol agents Brian Terry. In April 2, 2010 Manuel was stopped by Phoenix Police and booked to jail for cocaine possession and two handguns were confiscated by police at that stop. Manuel Acosta followed by ATF agents for 18 months for the Fast and Furious Operation was previously arrested twice in 2010 violation related to drugs and guns but he was released. After 2 am in the morning Police detected a blue Chevy pick-up truck without its headlights. Police activated their lights and sirens after watching the truck and reports say that handguns were thrown out the windows by Acosta and two associates. At the stop police officer also found other weapons hidden in the backseat and between the front seats as well as numerous of scattered casings in the floor. All three individuals were arrested and booked into jail under different charges. Acosta for narcotics possession, Hector Carlon for aggravated DUI and drug possession and Julio Carrillo for misconduct with a weapon. Prosecutors received the case but it was never file. The case was send back to police for further investigation...
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...Melinda Winters Criminal Procedure – Probable Cause Article Summary Cja/364 University Of Phoenix Professor Timijanel Boyd Odom November 14, 2013 In a recent article in the Las Vegas Sun the Nevada police routinely track cell phone users without a warrant. According to "Las Vegas Sun" (2013), "Nevada law enforcement agencies have tracked the movements of citizens through their cellphones, sometimes without obtaining proper court approval, according to court records and documents obtained by the American Civil Liberties Union of Nevada”. Last year a judged ruled that the Las Vegas police had improperly obtained the location of a murder suspect from his cell phone but allowed evidence gathered from the illegal tracking to be used at court ("Las Vegas Sun", 2013). Two police departments in Las Vegas routinely use cell phone records to track people involved in investigations and rarely without warrants. This act has become standard some obtain warrants but majority of the time they disregard. According to "Las Vegas Sun" (2013), "The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches by government. To obtain a search warrant, authorities have been required to show a judge enough evidence to establish probable cause”. Law enforcement agencies all over the country have been using cell phone tracking to investigate cases but have been keeping it a secret. The requirement for search and arrest warrants is that in order to be obtained the police must have...
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...Jury Trial Analysis Raquel Hearns CJA/364 April 13, 2015 Jonathan Sperling The sixth amendment states that all accused criminals have the right to a trial by impartial jury of the state, in which the person allegedly committed a crime (Right to Jury Trial, n.d). The jury is a group of citizens selected from the state randomly, to decide whether or not the accused criminal is guilty or not guilty. Once the jury has heard and reviewed the evidence, it is their duty to determine the faith of the accused by rendering a verdict of guilty or not guilty. Although, this criminal process ends with the verdict of the jury, it all begins when a person is arrested by law enforcement for committing a crime. Once an arrest, the accused individual is booked. During the booking course the person is advised of the charges, paperwork is completed stating the offense including the person’s name, birth date, social security number and other personal information of that nature. Shortly after, the individual will be fingerprinted and photographed upon booking (Worrall, 2012). From that point forward, the person is detained for the following court procedures that include the initial appearance, the pretrial process, and the preliminary hearing. In addition to those steps, the arraignment and discovery process follows (Worrall, 2012). In the course of the initial process, the defendant stands before a judge and is informed of the former charges, as well as acknowledged of his or her rights...
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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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...BANGLADESH LEGAL SYSTEM WITH SPECIAL REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION SYSTEM An overview of Bangladesh Legal System with special reference to Criminal Justice Administration System Submitted to Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1.1 Authorization 1 ...
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...and the text of the U.S. Constitution does not point clearly to the answer. While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and should be responsible for immigration laws using related law cases as example. Article I, Section 8, clause 4 of the Con¬stitution entrusts the federal legislative branch with the power to “establish an uniform Rule of Naturalization.” This clear textual command for uniformity establishes that the federal government, specifically Congress, is responsible for crafting the laws that determine...
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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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...BAR EXAMS QUESTIONS AND ANSWERS 2001 GEN TOPIC: RECEIVERSHIP SPECIFIC: REMEDIES Joaquin filed a complaint against Jose for the foreclosure of a mortgage of a furniture factory with a large number of machinery and equipment. During the pendency of the foreclosure suit, Joaquin learned from reliable sources that Jose was quietly and gradually disposing of some of his machinery and equipment to a businessman friend who was also engaged in furniture manufacturing such that from confirmed reports Joaquin gathered, the machinery and equipment left with Jose were no longer sufficient to answer for the latter’s mortgage indebtedness. In the meantime judgment was rendered by the court in favor of Joaquin but the same is not yet final. Knowing what Jose has been doing. If you were Joaquin’s lawyer, what action would you take to preserve whatever remaining machinery and equipment are left with Jose? Why? (5%) SUGGESTED ANSWER: To preserve whatever remaining machinery and equipment are left with Jose, Joaquin’s lawyer should file a verified application for the appointment by the court of one or more receivers. The Rules provide that receivership is proper in an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the mortgage debt. (Sec. 1 of Rule 59). 2001 GEN TOPIC: WRIT May a writ of preliminary attachment be issued ex-parte...
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...knowing that the death penalty awaits them should they kill an Officer. This paper was compiled mainly by researching online periodicals, newspapers and books. This is a topic that evokes strong feelings, pro and con. These feelings and responses to certain crimes provide a virtual emotional roller coaster ride depending on circumstances. The killings of two Detroit Police Officers earlier this year proved to be no different. 3 Table of Contents Abstract ………..……………………………………………………………………..2 Table of Contents………………………………………………………………….....3 Introduction…………………………………………………………………………..4 Background and Significance…………………………………………………….....5 Michigan Connection………………………………………………………………...8 Literature Review…………………………………………………………………..12 Results/Summary.......................................................................................................25 Cited Works………………………………………………………………………...29 4 Introduction Capital punishment is the imposition of the death...
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...USN/USMC Commander’s Quick Reference Handbook for Legal Issues 2008 i Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 2008 4. TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S)...
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...Annette Davis Inside Public and Private Policing CJA 500 Survey of Administration & Justice Dr. John Baiamonte, Jr. November 1, 2010 Assignment Write a 1500 to 2000 word paper that compares and contrasts the roles, responsibilities, and differences of public and private policing. Cite at least two scholarly works (articles or books) or government documents. However, your textbook cannot be used as a source. Public policing has been known to have a monopoly on policing until the increased trend of private policing in the United States. Private policing, while emerging as a new industry, is not a new phenomenon and predates the existence of public police as witnessed today (Wilson 1994). Public and private policing have many similarities, as well as differences and the distinction between public and private police are often blurred. Private police look and behave like public police and describing their function often involves a comparison of the activities and responsibilities of the two. Despite the differences, public and private police tend to mirror each other to a certain extent (Nalla & Newman, 1990). The increase of private policing has been in response to many changes in society such as the increase of "mass private property" (Shearing and Stenning, 1983) in the form of large shopping complexes, cinemas, large retail stores and large compound style housing estates or gated communities. These require constant surveillance for the safety of shoppers and residents...
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...Tomaskovic-Devey University Massachusetts, Amherst Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law-enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law-enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol’s drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. * This article is part of a larger project on racial profiling...
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...Table of Contents Spanierman v. Hughes ……………………………………………………………………………………………. New Jersey v. T.L.O. ………………………………………………………………………………………………. Hazelwood School District v. Kuhlmeier ……………………………………………………………….. Christensen v. Royal School District No. 160 ………………………………………………………….. References and Works Cited ……………………………………………………………………………….. Spanierman v. Hughes, 576 F. Supp. 2d. 292. (D. Conn. 2008) Jeffrey Spanierman, a teacher at Emmett O’Brien High School in Ansonia, Connecticut, created a MySpace page for the purpose of communicating with his students regarding homework, learn more about the student’s personal interest and to conduct casual, non-school related discussions. (Neuberger, 2008) A colleague visited the page and was concerned with some of the content---pictures of nude men captioned with inappropriate comments and personal conversations between Mr. Spanierman and the students. The colleague spoke to Spanierman and convinced him to remove the page arguing that it was disruptive to students. Spanierman complied, but went on to create a new profile page with similar content. The colleague learned of the new page and immediately reported her findings to the school administration. The administration went on to place Spanierman on administrative leave and ultimately declined his teaching contract for the upcoming school term. (Neuberger, 2008) In the case of Spanierman v. Hughes, 576 F. Supp. 2d, 292, the Plantiff, Jeffrey...
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