...Law Assignment Question:- 15. The majority opinion in Mapp v. Ohio (1961) ____________.a a. admitted that the exclusionary rule, although necessary, violated common sense b. overruled Boyd v. U.S. (1886) c. relied on the imperative of judicial integrity d. incorporated the 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...
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...supposed to be made only in a reasonable manner and only for a reasonalbe period of time. In the state of Georgia, according to Ga. Code Ann. § 51-7-61, the automatic activation of anti-shoplifting device as a result of a person exiting the establishment or a protected area within the establishment shall constitute reasonable cause for the detention of the person, The detention time must be sufficient for the inquiry of the circumstances surrounding the activation of the device. On the other hand store owner are responsible to post a notice in a clear and visible manner advising patrons of the establishment is using an antishoplifting or inventory control device is being utilized. If a store owner fails to display this notice, Ga. Code Ann. § 51-7-61 does not apply. A person may be subject to a forcible stop and detention if probable cause has been established and if a customer activates a security alarm. The time of the detention must be reasonable. In Mitchell v. Walmart Stores the court held that the detention was reasonable and there was no unlawful restraint by force or fear. In the case of Estes v. Jack Eckerd Corp., the store had “reasonable cause” under Ga. Code Ann. § 51-7-61 to detain the plaintiff when the store employee failed to deactivate the special tag on a bottle of shampoo set the device off. The court held that the method and time of detention were reasonable within the statutory limitations, since the episode only lasted five to ten minutes, and the customer...
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...topic You are a Police Officer. The task at hand was to read and interpret three different scenarios. Then write about how I would react to the situation if I was the officer on the scene. I have to determine if I would have probable cause, reasonable suspicion, and whether or not I would pursue the suspect or suspects involved in the scenario. I have thoroughly read and analyzed each scenario, and have come to a decision for each situation. In Scenario one a juvenile is spotted walking near a sports warehouse building that is being watched due to it being burglarized several times over the past six months. The juvenile is wearing a heavy luxury sports coat, and also has a pair of new sneakers on. As the officer on the scene I would determine that there was not sufficient probable cause to stop and pursue the individual. There is reasonable suspicion being presented in this situation, the juvenile is wearing expensive and new sports gear that could have very well come from the sports warehouse. Although I do not believe this is enough to stop the juvenile. The farthest I would go in pursuing the individual would be to tail him looking for any suspicious activity to further pursue him. In the event his actions provided sufficient probable cause I would calmly stop the juvenile and question him on what he was doing in the area. I would make a decision to arrest him or not based on his answers and my own personal observation. Scenario two presents a situation in which...
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...Testing students for drugs In this section of the reading it states that drug testing in schools is valid and not violating the fourth amendment. I would say that I do agree with them because they are trying to keep drugs out of school. In my opinion this does not violate the fourth amendment because the children are choosing to be in sports even though they know there will be drug testing. I would say this is more of a search than a seizer. The school does have their rights to ask for a drug test for students who want to participate in sports. School have a rule that if you are participating in sports than you cannot be on drugs. They would not be drug tested against their will which means that it is not an illegal search. I have never heard of a middle school drug testing athletes and I feel that should not be done. Middle school children are too young to be thought of as children on drugs. If they are being drug tested then they are being introduced to the thought that drugs are out there and can be done. I think it is very inappropriate to drug test a middle school student. There should be an age limit on drug testing students. Squeezing luggage on a bus I am going to have to disagree with this section of the reading. In this section of the reading an officer squeezed a passengers bag when he passed by. He felt a brick like substance and asked to check the bag. The man said yes it was okay to check the bag. At that time the officer found drugs in his bag. In court...
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...three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action." Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved (Kemp, David. (2012). Terry v. Ohio 392 U.S. 1 (1968). U.S. Supreme Court Justice William Douglas strongly disagreed with permitting a stop and search without probable cause, stating “I agree that petitioner was "seized" within the meaning of the Fourth Amendment. I also agree that frisking petitioner and his companions for guns was a "search." But it is a mystery how that "search" and that...
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...to enter text. b. Lindiwe: Click here to enter text. c. Luke: Click here to enter text. d. Tarryn: Click here to enter text. e. Matthew: Click here to enter text. f. Benson: Click here to enter text. g. Craig: Click here to enter text. [15 marks] 2. Read the examples outlined in your tutorial handbook and for each one (i) identify the probable cause of forgetting, (ii) provide a definition for the probable cause, and (iii) provide an explanation of the cause with reference to the example. a. Cause of Forgetting: Click here to enter text. Definition and explanation: Click here to enter text. b. Cause of Forgetting: Click here to enter text. Definition and explanation: Click here to enter text. c. Cause of Forgetting: Click here to enter text....
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...crimes go to prison, rather than to jail. 11. Which is not a prison classification system? 12. The 4th Amendment: 13. The words, "all men are created equal," can be found in the preamble to the United States Constitution. 14. The US Attorney General's crime survey is called: 15. "Warehousing" means placing a dangerous criminal into prison for a long period of time to protect society. 16. The body of regulations that governments create to control the activities of industries, business and individuals is called: 17. The Department of Homeland Security was founded in 2001, shortly after the attacks of 9/11/01. 18. Latent evidence means evidence sitting in "plain view" of the officer making an arrest. 19. Probable cause is a higher standard of proof than reasonable suspicion. 20. The number of minorities entering the police force is declining. 21. Which of the following is not considered larceny? 22. Which of the following is not an explanation for criminal behavior? 23. The "Right to Remain Silent" is based upon the following Amendment to...
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...Lacks sufficient indicia of reliability to ensure accuracy of witnesses drug activity. Prosecution has failed to state elements of crime including in fact that there is no knowingly and volunteered evidence that Mr. Dolan participated in the conspiracy to distribute. Conspiracy always involves two or more people because one cannot conspire by himself. Also all statements of witnesses who should be labeled as“ co-conspirators” fall under exception of hearsay rule found in Fed. R. Evid. 801(d)(2)(e). Tom cord admitted to purchasing pounds of methamphetamine a month over a course of a year and a half; which is approximately thirty six pounds he solely distributed. Mr. Rodney Mack admits to being close friend to Mr. Dolan, is that probably cause to believe Mr. Mack is one of the distributors he speaks of. Which would mean he has access to Mr. Dolans resisdence? Is in fact Mr. Mack the true owner of the drugs seized and his fear of going back to jail would enable him to lie, especially receiving a reduced crime plea from prosecution. Mr. Crutchfield stated he purchased meth from Mr. Mack and Mr. Cord, never from Mr. Dolan. Lynette Rogers states she never bought drugs from Mr. Dolan her brother Will Gardner did. Ms. Rogers also states to never physically have seen Mr. Dolan. Ms....
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...makes a person successful and/or what is the driving force behind ones success? Possessing a characteristic such as personal responsibility is an essential tool in understanding how a person can effectively use the information given to them, in order to reach their goals. I believe personal responsibility means that I am the sole person who is accountable for my success. Although Ideas and visions of success can be identified without the factor of personal responsibility it gives one a sense of personal and social accomplishment. Developing plans from the beginning to the end, while maintaining the focus to succeed is crucial. Without personal responsibility ones visions and ideas for progress have a probable cause to be defeated. Having a lack of personal responsibility may cause one to fail academically, as well as struggle to get started in a professional career. Personal responsibility allows one to be able to focus on preserving new information as you discipline yourself to learn new ideas however preserving information learned is not the only important factor in personal responsibility, In addition an important key is to take learned concepts and train ones work ethics in accordance, in order to improve skills. In conclusion, although ideas and visions of success can be identified by many without the factor of personal responsibility it also gives one a sense of personal and social accomplishment for two main reasons. First, personal responsibility can be what ultimately...
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...whole department and can reach extreme to the loss of the case. The seizing of every item must have reasoning behind the need of the object. An example would be a fake id was used to access the building. The identification was made by that specific computer. Therefore, the computer, printer, and accessories are tools that need to be checked for the information contained to see if this is the source of the identification manufacturing. The reasoning to believe the device was this computer is the scrap plastic in the wastebasket beside the desk of the computer matching the identification materials. There are additional photographs with eyes closed and not center face in the waste. This allows a string reason to believe there is a probable cause to place the item into evidence and look further even though the item is an opaque subject. As a result, there is not proof that file is held inside of that device (Surveillance Self-Defense, 2013). The correct documentation to make the paperwork show the action that were taken in order to gain the information that will be entered in the court of law is a large concern. There has to be a starting point showing the court of law how the event happened. References...
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...The Fourth Amendment to the United States Constitution limits the power of law enforcement to arrest people and search or seize their property without “probable cause.” This amendment protects people’s privacy and freedom against government intrusions. It was ratified along with the rest of the Bill Of Rights. December 1791 to the Bill Of Rights. It was added for a few reasons. People were scared of the government having too much power. Under British colonial rule, soldiers could go into anyone’s house they wanted, and it wasn’t against the law. Officials could also search virtually any home they liked at any time and for any reason. Since many people in the colonies stole things as well and they didn’t want government officials coming in,...
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...union often extending beyond the criminal trial into the arena of appeals. The United States (U.S.) Supreme Court uses its power of judicial review to decide if laws by the executive branch and legislative branch are constitutional. The U.S. Supreme Court also uses its power of judicial review to analyze various lower court decisions for the appropriate application of inherent constitutional rights. This news article analysis will discuss the requirements for search warrants, arrest warrants, and warrant exceptions in relation to probable cause under the Fourth Amendment. In a news article from the Wall Street Journal published on April 15, 2013, The U.S. Supreme Court decides to review the Maryland Supreme Court’s decision on the Maryland v. King case. The case involves a state law, known as the Maryland’s DNA Collection Act (DNA Act) that grants police with the power to obtain DNA samples from arrestees of violent crimes before a trial is given (Bravin, 2013). “In 2009, Alonzo Jay King, Jr. was arrested in Maryland on first- and second-degree assault charges” (Cowen & Park, 2013, para. 3). The police detectives obtained King’s DNA sample when he was in custody at the police station. Four months later the police detectives received a positive match linking King’s DNA to a rape case in 2003. Using the positive match as evidence of probable cause the detectives received a search warrant to obtain a second DNA sample from King (Cowen & Park, 2013). The second DNA sample...
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...and mental abuse. In my opinion I believe this might have been what triggered James T. Lane, a bartender and her former husband to lash out in rage. Both Ms. Lane and her new intimate relationship partner Mr. Hill were found dead due to multiple stabbings after her neighbor called police when he heard loud commotion and yelling that ended in screaming. Once police arrived on scene they found both Ms. Lane and Mr. Hill dead at her residence, the death appeared to be caused due to multiple stab wounds on both individuals. Mr. Wolf also reported to police a description of a vehicle that matched Mr. Lanes automobile fleeing the scene right after hearing all these noises. From there I believe the police to have probable cause to apprehend and question Mr. Lane. Probable cause is define as “apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime”.2 In this instance I believe the cops had more...
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... Criminal Justice 101 Unit 3 IP ABSTRACT In this paper, a senior federal agent has been assigned as the division training officer, who is responsible for providing and coordinating training for divisional agents and the local police officers that have been assigned to work on a federal task force. I am assisting in the preparation of the curriculum for an upcoming two week program, which will focus on various types of searches authorized by federal law, and what is legally necessary to support these searches. Also, the process by which a search warrant is sought and issued pertaining to the Fourth Amendment Requirements. Finally, The author will define probable cause and the standard by which probable cause is met. Finally the author describes the rationale for allowing warrantless searches. This paper is informative and professionally cited. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Process by which a search warrant is sought and issued ------------------------------------------------- According to the law, a search warrant is an order written and signed by a specific court that gives authorization to law-enforcement officers to conduct a search, seizure, or arrest of a specific person, at a specific location for a specific item. When Law enforcement officers...
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...In addition to probable cause police have also been given the authority to search a person whom they arrested for officer safety purposes and to prevent destruction of evidence. Many legal scholars argue that Fourth Amendment Rights have been chipped away by conservative courts of the last generation creating a great concern. So the question of where, when and how the police can conduct a search falls under the United States Supreme Court interpretation of the case and how it interacts with the Fourth Amendment which reads: “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.” -United States...
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