...substantive rule of the Fourth Amendment 18. Illegally seized evidence or statements may be introduced or used for each of the following hearings or purposes, EXCEPT ___________. a. alien deportation b. formulating a grand jury question c. impeaching a witness d. parole revocation 19. Each of the following statements regarding the majority opinion in United States v. Leon (1984) is correct, EXCEPT ____________. a. the Fourth Amendment is not concerned with constitutional violations by judges b. deterrence is the only reason for the exclusionary rule c. the search in the case violated the Fourth Amendment d. the exclusionary rule exacts substantial social costs 20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________. a. Spinelli crossed a bridge every day and went to the same apartment b. Spinelli had a reputation as a “bookie” c. the apartment had two telephones d. Spinelli’s bookmaking calls were recorded 23. An argument used in courts to oppose the “plain feel” rule was ____________. a. extending reasons to justify police searches undermine civil liberties b. the sense of touch is not as sensitive as sight c. the rule was not contemplated by the framers of the Fourth Amendment d. the police use plain feel discriminatorily against minorities 25. The justify cations for the open-fi eld rule do NOT include which of the following? a. the Fourth Amendment protects “effects” ...
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...ENGINEERING ETHICS The Kansas City Hyatt Regency Walkways Collapse Department of Philosophy and Department of Mechanical Engineering Texas A&M University NSF Grant Number DIR-9012252 Negligence And The Professional "Debate" Over Responsibility For Design Instructor's Guide - Introduction To The Case On July 17, 1981, the Hyatt Regency Hotel in Kansas City, Missouri, held a videotaped tea-dance party in their atrium lobby. With many party-goers standing and dancing on the suspended walkways, connections supporting the ceiling rods that held up the second and fourth-floor walkways across the atrium failed, and both walkways collapsed onto the crowded first-floor atrium below. The fourth-floor walkway collapsed onto the second-floor walkway, while the offset third-floor walkway remained intact. As the United States' most devastating structural failure, in terms of loss of life and injuries, the Kansas City Hyatt Regency walkways collapse left 114 dead and in excess of 200 injured. In addition, millions of dollars in costs resulted from the collapse, and thousands of lives were adversely affected. The hotel had only been in operation for approximately one year at the time of the walkways collapse, and the ensuing investigation of the accident revealed some unsettling facts: During January and February, 1979, the design of the hanger rod connections was changed in a series of events and disputed communications between the fabricator (Havens Steel Company) and the engineering design...
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...children are born to hearing parents (National Institute on Deafness and Other Communication Disorders, 2015; Nover et al, 1998). The other 10% are born to one or both deaf parents (Mitchell & Karchmer, 2002). Deaf children who have deaf parents have full access to ASL whereas most deaf children with hearing parents have limited access to ASL. Deaf children with hearing parents are typically not given the same early opportunity (Baker, 2010). Deaf families who use ASL understand the importance of having early language access to develop...
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...Issue: Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause. Rule: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.(1) Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches, Probation searches, Search incident to arrest, Stop & Frisk, Exigent circumstances, Plain view, Vehicle searches- the search and seizure of stolen or forfeited goods, or goods subject to a duty, and the personal effects searched or seized for evidence. If a vehicle is impounded or if there is probable cause, law enforcement does not need a warrant. Border searches, Open fields, abandoned property, Consent searches, Administrative (2) Does not support the case: Carroll v. United States Robbins v. California Does support the case: Knowles v. Iowa Wyoming v. Houghton History: On the morning of November 12, 2013, Mr. Mike Pilazzio...
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...U.S. v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on 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...
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...Jessica Midford. In the late 1960’s, the FTC was a paper tiger. Ralph Nader, who began the consumer protection movement in this country with the publication of Unsafe At Any Speed, was a sharp critic of the Federal Trade Commission for its lack of consumer protection. Specifically, the FTC was criticized because it relied too heavily on consumer complaints and brought enforcement actions only on a case-by-case basis. The consumer protection movement wanted the FTC to proceed against entire industries rather than individual businesses. The Federal Trade Commission felt it did not have the power to regulate an entire industry. So Congress in the late 60’s and early 70’s gave the FTC trade regulation rulemaking powers. This enabled the FTC to enact regulations that would bind an entire industry. With this power, the FTC set out to transform itself as the nation’s consumer protection watchdog. It hired a group of liberal young lawyers and charged them with identifying industries that were ripe for regulation. Using this power, the FTC enacted trade regulation rules on hearing aids, used cars, eyeglasses, vocational schools, children’s advertising, and funeral service. In early 1972, during an FTC Staff meeting, it was suggested by a staffer who had read Jessica Midford’s book, The American Way of Death, that the FTC should proceed against the funeral industry. In December of 1972, the FTC Funeral Rule investigation started. The FTC Staff gathered material on the funeral...
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...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. To...
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...University Abstract This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches, if the reasons are compelling, and if all requests require probable cause exists or exceptions. Search Warrants & Probable Cause Search warrants are issued when there is probable cause and it needs one. If a police officer was to walk into your household and search it without consent or a search warrant, they not only get into trouble, but what they might find could be thrown out at the hearing and does not count against you. Occasionally there are even searches that will not involve a search warrant which means whatever they do discovery can become trouble for you as well as can be used alongside you in court. Under the Fourth Amendment, to law enforcement or anyone else in this field, individuals need be safe in their households and in their individuals against arbitrary searches and seizures (Schmalleger, 2012). Fourth Amendment states: "The right of the people to have protection of their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall...
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...This case, R. v. Dudley and Stephens, surrounds the unfortunate events that surrounded the sinking of ship in 1884 far off the coast of Cape of Good Hope, South Africa. There are many facts that surround this case. The boat left with exactly four men (Tom Dudley, Edwin Stephens, Edmund Brooks, and Richard Parker). They were heading from Southampton, England to Sydney, Australia. They left on May 19, 1884. The boat sank on July 5, 1884, about 1600 miles off of Cape of Good Hope, South Africa. The four men all survived the sinking of the ship by getting into an open lifeboat. They had no water and only two 1-lb cans of turnip. The two pounds of canned turnip lasted for three days. On the fourth day, the men managed to catch a sea turtle. They ate this for several days. They drank sparse rainwater that they caught in their hats. After the twelfth day, they had no food to eat. Talk started to arise on the 18th day that a sacrifice could be made by one of them so that the other three could live. The conversation surrounded Richard Parker, who was often unconscious and sickly due to intense hunger and drinking seawater. Dudley and Stephens considered killing Parker...
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...com/product/crj-320-wk-3-quiz-3-chapter-4-and-5/ Contact us at: SUPPORT@ACTIVITYMODE.COM CRJ 320 WK 3 QUIZ 3 CHAPTER 4 AND 5 CRJ 320 WK 3 Quiz 3 Chapter 4,5 MULTIPLE CHOICE 1. In which 1984 case did the Supreme Court define a search as “a governmental infringement of a legitimate expectation of privacy?” a. United States v. Ross c. Mapp v. Ohio b. United States v. Jacobsen d. Terry v. Ohio 2. A lane search, or partitioning the area into lanes, a. can be adapted to any number of police personnel. b. is intended to be used only with one officer. c. works well inside. d. must always be used with a traffic director. 3. Which of the following is not a goal of a search during an investigation? a. to establish that a crime was committed b. to establish when the crime was committed c. to identify who committed the crime d. to punish the offender 4. Which of the following do investigators not need to know in order to conduct an effective search? a. the legal requirements for searching b. the identity of the offender c. the elements of the crime being investigated d. the items being searched for 5. The Fourth Amendment to the U.S. Constitution forbids what type of searches and seizures? a. illegal c. unreasonable b. unsupervised d. undercover 6. In which of the following cases is a search not legal? a. The search is incidental to a lawful arrest. b. An officer stops a suspicious person and believes the person to be armed. c. An emergency exists. d. An officer conducts...
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...Running head: BENCHMARK ASSESSMENT Benchmark Assessment Brandy M. Green Diagnosis and Assessment in Special Education (SPE 536) Latanya Barkley June 26, 2013 Case Study 1: Student in Early Childhood Special Education Over the course of time it became very clear to Sean Smith that two of his three sons had issues with learning. At first his son Ben was diagnosed with Autism, yet nothing seemed to change for him at first. While his son Ken, seem to have trouble from the time he was a year old and should have been learning to focus on his parents and others around him, soon Ken was also diagnosed with Autism. This is where Ken’s story begins; his brother’s Ben story will be seen again in Case Study 2. Ken’s journey begins in 2010 when he was diagnosed with Autism Spectrum Disorder. He was then given a vision and hearing screening to access him for possible preschool placement. While Ken passed his vision screening it was noted that he only briefly looked at people yet he did show excitement when seeing his parents or computer games. He seemed attracted to bright colors and appeared to use his left hand most of the time. He also passed his hearing screening and was then ready to undergo his Special Education Eligibility Report. Ken’s journey toward special education placement began with his first Developmental Report. This is where Ken’s parents asked for him to be evaluated for special education due to significantly delayed speech and communication skills...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...Crime relationship to the law The "Dictionary.com" (2014) website defines the word crime as “an action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited. Law can be defined as a set of rule for society to abide by for safety. Committing a crime is a disobedient act of the law which is their relationship. Government structure as it applies to criminal justice According to "The National Center for Victims of a Crime" (2012), the criminal justice system is the set of agencies and processes recognized by governments to control crime and impose penalties on those who violate the law. There are multiple criminal justice system in the United States. The criminal justice system works in each area depends on the jurisdiction that is in charge ("The National Center for Victims of a Crime", 2012). There are two main systems that most individuals are aware of knowing. The first system is the state. The state handles crimes committed with in that state and no other. The second is the federal. The federal criminal justice system handles crimes committed on federal grounds or in multiple states ("The National Center for Victims of a Crime", 2012). Theories and Assumptions in regards to a Crime Rational cause, sociological positivism, biological positivism, and psychological positivism are the four choice theories for crime.” Rational cause is the basis of the theory explains offender...
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...Case Study – Assignment # 1 Search of Student Involving Protruding Object. Chapter 3 – p. 99 Jim Robinson is a tenth-grade teacher. While walking down the hall, he spotted a suspicious object protruding from a student’s pocket. He asked the student to empty his pocket but the student refused. Discussions questions: 1. Does the teacher have grounds to make such a request? No, he does not. The teacher has grounds to inform immediately to the school officials about the situation that he has observed. In this scope, the teacher’s information constitutes a reasonable suspicion, which is reliable by school officials. 2. Does the student have the right to refuse to obey the teacher’s request? I believe that since students enjoy many of the same constitutional rights as adults under the protection of The Fourth Amendment to the United States Constitution that provides protection of all citizens against unreasonable search and seizure can refuse to obey the teacher’s request. 3. Should physical force be used to identify the object? No physical force should be used to identify the object. There are two main tools with school official come up to ensure discipline and safety is undertaking the in loco parentis doctrine, and the concept of reasonable suspicion. This latter is considered the key ingredient in legalizing school searches, but every arrangement in the school environment should have the support of clear policies and procedures established beforehand. ...
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...Academic Dismissal Student Rights are highly protected with higher education through “Family Educational Rights and Privacy Act (FERPA). The FERPA Law applies to all schools or universities that receive any funds from the Department of Education by federal or state government. The law protects the privacy of students and graduates education and student finance records. Furthermore, students also have rights in discipline, freedom of speech, freedom of the press, voting rights, privacy, gay rights sexual harassment and many others that are protected by the school, Department of Education as well as the government. The “Bill of Rights” has had a considerable amount of influence on higher education’s policies based on the First, Fourth, Fifth, and Tenth Amendments....
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