...Name | STATE of Missouri V. Tyler G. McNEELY | Citation(year) | 358 S.W.3d 65 January 17, 2012 | Ct/J. | John G. Roberts Chief Justice | Pro. History | A trial judge ruled in McNeely's favor to suppress the results of the blood test, stating that administering a blood test without a warrant was a violation of the suspect's Fourth Amendment protection against unreasonable searches and seizures. State prosecutors later argued that the administration of the test without a warrant was justified as blood alcohol would be metabolized with time, and a delay in obtaining a warrant would amount to destruction of evidence, citing the exigent circumstances exception in the United States Supreme Court decision Schmerber v. California. On appeal, the state appeals court stated an intention to reverse, but transferred the case directly to the Missouri Supreme Court. The Missouri Supreme Court affirmed the trial court's decision that the officer had violated McNeely's Fourth Amendment rights. | Short Facts | On October 3, 2010, at approximately 2:08 A.M., patrolman Mark Winder stopped Tyler G. McNeely for speeding. During the routine traffic stop, Winder thought McNeely showed signs of intoxication, including bloodshot eyes, slurred speech, and the smell of alcohol on his person. As a result, Winder had McNeely perform multiple field-sobriety tests. According to Winder’s later testimony, because McNeely performed poorly on each of these tests, Winder arrested McNeely for driving while...
Words: 1448 - Pages: 6
...Missouri v. McNeely Jeremy Garett POL 303: The American Constitution Missouri v. McNeely The Constitution of the United States of America was put into place to help protect the rights of the people. Due Process is a guaranteed right given to the people under the constitution. This prevents the law from discriminating against each individual based upon the individual’s religious beliefs, weight, height, race, sex and etc. The Due Process Clause stated by the Cornell Law School website is defined as, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" (n.d, par. 1). When cases are brought before the Supreme Court, it is the job of the court to determine whether or not an individual’s rights have been infringed upon by law enforcement or by the lower courts. If in fact the Supreme Court finds that an individual’s rights have been infringed upon, they will take the necessary steps to impose retribution to that individual. Retribution is sometimes...
Words: 2823 - Pages: 12
...Criminal Law Supreme Court case Missouri v. McNeely, 569 U.S. __ (April 17, 2013) On October 3, 2010 Officer Mark Winder stopped Tyler G. McNeely for speeding and driving over the center line. Officer Winder noticed that McNeely was apparently intoxicated, his eyes were bloodshot, his speech was slurred, and he smelled of alcohol. McNeely admitted to Officer Winder that he had been drinking, but only had a couple of beers. Officer Winder had McNeely run through a series of field sobriety tests, which he failed. Officer Winder asked McNeely to submit to a breath test, but McNeely refused. Officer Winder placed McNeely under arrest and was transporting him to the police station, and again McNeely told Officer Winder that he would not submit to the breath test. Officer Winder decided to take McNeely to a local hospital where he would submit to a blood test; however, Officer Winder did not make an attempt to obtain a search warrant before doing so (Cornell University Law School, n.d.). Officer Winder informed McNeely that under Missouri state law if he did not submit to the blood test there would be an immediate revocation of his driver's license for a term of one year, and his refusal would be used against him in future prosecution. McNeely still refused to have the blood test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without a warrant would fall under the exigent...
Words: 1391 - Pages: 6
...Criminal Law August 5, 2013 Criminal Law Supreme Court case Missouri v. McNeely, 569 U.S. __ (April 17, 2013) On October 3, 2010 Officer Mark Winder stopped Tyler G. McNeely for speeding and driving over the center line. Officer Winder noticed that McNeely was apparently intoxicated, his eyes were bloodshot, his speech was slurred, and he smelled of alcohol. McNeely admitted to Officer Winder that he had been drinking, but only had a couple of beers. Officer Winder had McNeely run through a series of field sobriety tests, which he failed. Officer Winder asked McNeely to submit to a breath test, but McNeely refused. Officer Winder placed McNeely under arrest and was transporting him to the police station, and again McNeely told Officer Winder that he would not submit to the breath test. Officer Winder decided to take McNeely to a local hospital where he would submit to a blood test; however, Officer Winder did not make an attempt to obtain a search warrant before doing so (Cornell University Law School, n.d.). Officer Winder informed McNeely that under Missouri state law if he did not submit to the blood test there would be an immediate revocation of his driver's license for a term of one year, and his refusal would be used against him in future prosecution. McNeely still refused to have the blood test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without...
Words: 1396 - Pages: 6
...Supreme Court case Missouri v. McNeely On the night of October 3 2010 an Officer by the name of Mark Winder was on patrol that night when he noticed one car speeding and not able to stay in between the white lines. When he noticed this Officer Winder went ahead and proceeded to pull the driver over so that he can investigate on why the driver was driving like he was. In the event of the pull over he looked up the license plate and found out all the information on the driver which his name was Tyler G. McNeely and any background information that is brought up when he ran his name. The first thing that was noticed was the apparent look of intoxication such as bloodshot eyes, speech was slurred, and the smell of alcohol on his breath. The officer then started asking basic question which he found out that McNeely openly admitted that he did drink a couple of beers before he got behind the wheel of the car. When this was found out then Officer Winder asked the McNeely to get out of the car so that he can run series of test to see if he could pass them just to see if he was not over the limit as to what is legal. He failed though the series of test and at that time he was asked to take the breath test to see just what level of intoxication he was at but he refused to take the test. Officer Winder then placed him under arrest and was placed in the back of the police car to be transported to the station where he was asked again to take the breath test to only refuse it again. Officer...
Words: 436 - Pages: 2
...to about 13 days in jail. * Misdemeanors (strike two) are punishable up to a maximum of 1 year in jail. * Felony (strike 3) is punishable by any state prison sentence of more than just 1 year. The Fourth Amendment “The right of the people to be secure in their person, house, papers, and effects, against unreasonable search and seizure, shall not be violated, and no warrant’s 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.” Missouri v McNeely (2013) On January 9, 2013, the Supreme Court heard oral arguments in Missouri v McNeely. The question in this case is whether the fourth amendment “exigent circumstances” doctrine permits a law enforcement officer to take a warrantless non–consensual blood sample of natural dissipation of alcohol in the blood stream. The police officer did have a warrant. Missouri Supreme Court was correct when it ruled that this was an infringement of the fourth amendment which protects individuals from warrantless searches. In the United States, our legal system weighs every individual‘s constitutional...
Words: 1658 - Pages: 7
...1. What constitutes an actual expectation of privacy? There are two types of expectations of privacy: • Subjective expectation of privacy – a certain individual's opinion that a certain location or situation is private; varies greatly from person to person • Objective, legitimate, reasonable expectation of privacy – An expectation of privacy generally recognized by society Examples of places where a person has a reasonable expectation of privacy are a person's residence or hotel room[1] and public places which have been specifically provided by businesses or the public sector in order to ensure privacy, such as public restrooms, private portions of jailhouses,[2] or a phone booth.[3] In general, one cannot have a reasonable expectation of privacy in things held out to the public. A well-known example is that there are no privacy rights in garbage left for collection in a public place.[2] Other examples include: pen registers that record the numbers dialed from particular telephones;[4] conversations with others, though there could be a Sixth Amendment violation if the police send an individual to question a defendant who has already been formally charged;[5] a person's physical characteristics, such as voice and handwriting;[6] what is observed pursuant to aerial surveillance that is conducted in public navigable airspace not using equipment that unreasonably enhances the surveying government official's vision;[7][8] anything in open fields (e.g., a barn);[9] smells that...
Words: 657 - Pages: 3
...of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona (1966), Gideon v Wainwright (1963), and Mapp v Ohio (1961). These four cases establish the foundation for the application of the principle referred to as the ‘exclusionary rule’ and the major basis for Warren Court critics. The Warren Court established the doctrine of...
Words: 2153 - Pages: 9
...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
Words: 24946 - Pages: 100
...University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 12-2009 Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television D. Renee Smith University of Tennessee - Knoxville, drsmith@utk.edu Recommended Citation Smith, D. Renee, "Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television. " PhD diss., University of Tennessee, 2009. http://trace.tennessee.edu/utk_graddiss/10 This Dissertation is brought to you for free and open access by the Graduate School at Trace: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of Trace: Tennessee Research and Creative Exchange. For more information, please contact trace@utk.edu. To the Graduate Council: I am submitting herewith a dissertation written by D. Renee Smith entitled "Peeking Out: A Textual Analysis of Heteronormative Images in Prime-Time Television." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Doctor of Philosophy, with a major in Communication and Information. Catherine A. Luther, Major Professor We have read this dissertation and recommend its acceptance: Michelle T. Violanti, Suzanne Kurth, Benjamin J. Bates Accepted for the Council: Carolyn R. Hodges Vice...
Words: 33344 - Pages: 134
...UNIT I DEFORESTATION CHAPTER 1 What is deforestation? Deforestation is the removal or damage of vegetation in a forest to the extent that it no longer supports its natural flora and fauna. In other words, deforestation can be defined as the transformation of forest land to non-forest uses where forest land includes lands under agro-forestry and shifting cultivation, and not simply closed canopy primary forests (FAO/UNEP, 1982). However, this definition does not include “logging”. More inclusive was Myers’s 1980 definition, where deforestation refers, “generally to the complete destruction of forest cover through clearing for agriculture … [so] … that not a tree remains, and the land is given over to non-forest purposes … [and where] very heavy and unduly negligent logging … [result in a] … decline of biomass and depletion of ecosystem services … . So severe that the residual forest can no longer qualify as forest in any practical sense of the world.” Alan Graigner (1980, AS quoted in Saxena and Nautiyal, 1997) asserts that selective logging does not “lead to forest clearance and does not constitute deforestation”, whereas Norman Myers (1980, 1993) thinks that logging is crucial because, although it may only affect a small proportion of trees per hectare, it damages wide areas and is the precursor of penetration by the forest farmers. For the purpose of this study, the FAO’s latest definitions (1993) will be used. The FAO defines forests as “ecosystems with a minimum...
Words: 17310 - Pages: 70
...Educational Psychology: Developing Learners This is a protected document. Please enter your ANGEL username and password. Username: Password: Login Need assistance logging in? Click here! If you experience any technical difficulty or have any technical questions, please contact technical support during the following hours: M-F, 6am-12am MST or Sat-Sun, 7am-12am MST by phone at (800) 800-9776 ext. 7200 or submit a ticket online by visiting http://help.gcu.edu. Doc ID: 1009-0001-158C-0000158D Jeanne Ellis Ormrod Professor Emerita, University of Northern Colorado University of New Hampshire ISBN 0-558-65860-1 Boston ● Columbus ● Indianapolis ● New York ● San Francisco ● Upper Saddle River Amsterdam ● Cape Town ● Dubai ● London ● Madrid ● Milan ● Munich ● Paris ● Montreal ● Toronto Delhi ● Mexico City ● Sao Paula ● Sydney ● Hong Kong ● Seoul ● Singapore ● Taipei ● Tokyo Educational Psychology: Developing Learners, Seventh Edition, by Jeanne Ellis Ormrod. Published by Allyn & Bacon. Copyright © 2011 by Pearson Education, Inc. Editor-in-Chief: Paul A. Smith Development Editor: Christina Robb Editorial Assistant: Matthew Buchholz Vice President, Director of Marketing: Quinn Perkson Marketing Manager: Jared Brueckner Production Editor: Annette Joseph Editorial Production Service: Marty Tenney, Modern Graphics, Inc. Manufacturing Buyer: Megan Cochran Electronic Composition: Modern Graphics, Inc. Interior Design: Denise Hoffman, Glenview Studios Photo...
Words: 101358 - Pages: 406
...___________________________ LIVING HISTORY Hillary Rodham Clinton Simon & Schuster New York • London • Toronto • Sydney • Singapore To my parents, my husband, my daughter and all the good souls around the world whose inspiration, prayers, support and love blessed my heart and sustained me in the years of living history. AUTHOR’S NOTE In 1959, I wrote my autobiography for an assignment in sixth grade. In twenty-nine pages, most half-filled with earnest scrawl, I described my parents, brothers, pets, house, hobbies, school, sports and plans for the future. Forty-two years later, I began writing another memoir, this one about the eight years I spent in the White House living history with Bill Clinton. I quickly realized that I couldn’t explain my life as First Lady without going back to the beginning―how I became the woman I was that first day I walked into the White House on January 20, 1993, to take on a new role and experiences that would test and transform me in unexpected ways. By the time I crossed the threshold of the White House, I had been shaped by my family upbringing, education, religious faith and all that I had learned before―as the daughter of a staunch conservative father and a more liberal mother, a student activist, an advocate for children, a lawyer, Bill’s wife and Chelsea’s mom. For each chapter, there were more ideas I wanted to discuss than space allowed; more people to include than could be named; more places visited than could be described...
Words: 217937 - Pages: 872
...Educational Psychology: Developing Learners This is a protected document. Please enter your ANGEL username and password. Username: Password: Login Need assistance logging in? Click here! If you experience any technical difficulty or have any technical questions, please contact technical support during the following hours: M-F, 6am-12am MST or Sat-Sun, 7am-12am MST by phone at (800) 800-9776 ext. 7200 or submit a ticket online by visiting http://help.gcu.edu. Doc ID: 1009-0001-191D-0000191E DEVELOPING LEARNERS JEANNE ELLIS ORMROD Professor Emerita, University of Northern Colorado EIGHTH EDITION ISBN 1-256-96292-9 Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City São Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Educational Psychology: Developing Learners, Eighth Edition, by Jeanne Ellis Ormrod. Published by Pearson. Copyright © 2014 by Pearson Education, Inc. Vice President and Editorial Director: Jeffery W. Johnston Vice President and Publisher: Kevin Davis Editorial Assistant: Lauren Carlson Development Editor: Christina Robb Vice President, Director of Marketing: Margaret Waples Marketing Manager: Joanna Sabella Senior Managing Editor: Pamela D. Bennett Project Manager: Kerry Rubadue Senior Operations Supervisor: Matthew Ottenweller Senior Art Director: Diane Lorenzo Text Designer: Candace Rowley Cover Designer:...
Words: 244561 - Pages: 979
