...2014 Abstract: Pertaining to the differences between probable cause and reasonable suspicion within law enforcement can determine the difference between a legal search and seizure and police officers obtaining evidence in an illegal manner. Officers need to handle each situation when probable cause and reasonable suspicion is involved. Determining what is reasonable and what is not takes great skill, perseverance, comprehension of the law, and an innate intuitiveness on the part of the officer. The Fourth Amendment clearly defines the exceptions to the warrant requirement. There are several exceptions pertaining to a legal, valid search and seizure without a warrant. Officers must possess the specific, lawful knowledge pertaining to such events, and do so without violating any one’s constitutional rights. Within this essay I will define and discus the differences between probable cause and reasonable suspicion, as well what constitutes reasonableness. Also, I will discus four of the Fourth Amendment’s exceptions to the warrant requirement with several examples. Probable Cause: The Fourth Amendment guards the peoples right from unreasonable search and seizures, and stipulates that “no warrant shall issue, but upon probable cause.” (Bill of Rights; The Fourth Amendment, 1791). Probable Cause can be defined as obvious factual evidence obtained by the means of a logical inquiry by a...
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...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 was a positive match also. After a criminal trial, King was sentenced to life...
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... Pretrial procedures A police abduction of either proof of a crime in a constitutionally secluded area or a probable unlawful defendant must be founded on probable cause. For instance in the Illinois v. Gates case. moreover, the Court has frequently stated that a government search or abduction on personal premises with no warrant is presumptively irrational under the Fourth Amendment except it falls in one of the carefully outlined exceptions to the Fourth Amendment warrant section. Strong strategy interests in stopping probable exploitation by government agents maintain the Court's persistence that government seizures and searches be preceded by the judicial inspection required to obtain a warrant. The fourth amendment forbids the government from hunting private premises without a warrant, which must include certain information for instance the name and address of the person to be searched. It also prohibits other kinds of invasion such as medical records, computer, and mail, phone etc. these are all private and personal built they are at risk as they are not warranted for electronic invasions. The protections of the fourth amendment against seizures and searches that are not reasonable go far beyond an actual police searching a personal premise. The fourth amendment also provides that no warrant shall be issued without any probable cause that is supported by an affirmation or an oath, and predominantly identifying the place to be searched and the things or...
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...The Patriot Act Vs The United States Constitution Khadija Nurul Hasan Chaffey College The Patriot Act Vs The United States Constitution The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or Patriot Act was passed on October 24th, 2001 with almost all legislators in favor of it. The terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001, sparked a nationwide desire for heightened security and increased abilities for law-enforcement agencies to track and stop terrorists. Thus, the Patriot Act was created in response, and passed with the aim of battling terrorism. However there are always two sides to any passing of a political law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of...
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...Defendants fourth amendment rights? Rule: Wis.Stat.Ann §343.305(3) (West 2012) states (a) upon arrest of a person for violation of s. 346.63(1), (2m) or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon arrest subsequent to a refusal under par. (ar), a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. S. 343.305 (3)(2) states if a person is the operator of a vehicle that is involved in an accident that causes the death of or great bodily harm to any person and the law enforcement officer has reason to believe that the person violated any state or local traffic law, the officer may request the operator to provide one or more samples of his or her breath, blood, or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subdivision and one or more samples specified in par. (a) or (am) may be administered to the person. If a person refuses to take a test under this subdivision, he or she may be arrested under par...
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...“Although the section seems innocuous when you read it, in practice it’s at different story. In the article “Everyone’s heard of the Patriot Act. Here’s what it actually does,” published on Vox, the author Dara Lind wrote, “…former government contractor Edward Snowden revealed that the government had been collecting the phone records of every single customer of phone companies including Verizon. And it was using SECTION 215 as the justification that made it legal.” Originally, the controversy enveloping section 215 pertained to obtainment of reading records from libraries, however, as Edward Snowden divulged the true undertakings of the act, the act now ostensibly records nearly all private information of the American people—a detriment civil liberties. Section 218—which amended the Foreign Intelligence Surveillance Act—has, in the same vein,...
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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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...Introduction From the late 1960s through the 1970s, America struggled with the legal status of surveillance under the Fourth Amendment (Cetina 2013). The Foreign Intelligence Surveillance Act (FISA) became necessary in the 1970s after turmoil surrounding the legality of various domestic intelligence activities, especially that of President Richard Nixon’s usage of federal resources to spy on political and activist groups. In response to these conflicts in 1978 FISA was created (Banks 2007). FISA essentially regulated and authorized electronic surveillance of foreign powers and agents of foreign powers in the United States. FISA Court was created to setup a standard set of rules while obliging by government’s need to obtain surveillance orders secretly and as quickly as possible. However as a result of our changing world FISA has become a drastically more complicated law than when it was originally passed in 1978, and the role of the Foreign Intelligence Surveillance Court (FISC) has accordingly grown far beyond the bounds of what government envisioned when the law was created (Blum 2008). FISA has proven to be troublesome in multiple ways for both intelligence gathering agencies, and those concerned with its potential violation of the 4th Amendment and various privacy concerns. It has proved to be a bureaucratic burden for intelligence gathering agencies, but also increased scrutiny from the public about concerns surrounding the 4th Amendment. The best way to revive balance...
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... Therefore, it is correct to state that criminal profiling is an amalgamation of analyzing the behavioral and physical data, restructuring a crime from the creation to the end and hence approaching it with the most scientific determination probable with the information availed on the crime scene. According to (Holmes & Holmes 2002),...
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...from the minority communities. “Citizen complaints about aggressive ‘stop-and-frisk’ tactics ultimately provoked… and established monitoring requirements”. (Gelman, Andrew, Jeffrey Fagan, and Alex Kiss, 183) Also because of the high crime areas, it places minority neighborhoods at risk of having high crime rate suspects in those areas. “Early studies suggested that both the racial characteristics of the suspect… influence police decision to stop, search, or arrest a suspect” (G. A. J. AK., 814) And since data is not always accurate due to the fact that not all officers record or book their stops, one would have to rely on the data that is reported to the Division of Criminal Justice Services of New York State. With this information in this article, one can see that there are some bias within the whole concept of racial profiling within the stop-and-frisk...
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...informal, must possess and exhibit the identical vision of zero patient harm (Chassin and Loeb, 2013). Additionally, the Risk Manager and Quality Department staff performs an important role in implementing, maintaining, assessing, and auditing quality and patient safety initiatives. In this case analysis, the key roles that influenced the outcome of a wrong-site surgery event include the emergency department triage staff, emergency department staff (physician, nurse, medical assistant or technician, and/or emergency medical technician), holding area nurse, anesthesiologist, surgeons, and operating room staff. There were plenty of opportunities to stop the sentinel event from occurring. The patient went from one caregiver to the next without a proper verification process. The senior management team with the support of the board of trustees and medical executive committee must hold all healthcare staff employees responsible for their part in risk reduction (Health Research & Educational Trust and Joint Commission Center for Transforming Healthcare, 2014)....
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...the acronym for Deoxyribonucleic acid. According to Campbell Essential Biology with Physiology, “The word nucleic is referring to “DNA location in the nuclei of eukaryotic cell.” (Page49). “DNA is genetic material that humans and other organisms inherit from their parents which consists of gain molecules” (Page 48). The shape of DNA is a double helix. Some would say it looks like a twisted ladder. “The double helix has four bases; (A) Adenine, (C) Cytosine, (G) Guanine and (T) Tyhmine. The bases have to be properly linked to their pair or else there will be a mutation in the gene. The following are the base pairs that bind:”Adenine with Tyhmine and Cystosine with Guanine” (Page 49). DNA testing began in the mid 1980’s. In the online article, DNA Factors states: Ever since the start of DNA testing in 1985, biological material has been a reliable physical evidence to help solve crimes (Williams). DNA plays a key role in helping solve cases at a crime. In 1987, Tommie Lee Andrews became the first person in the United Sates to be convicted of a crime as the result of DNA evidence (Williams). Tommie Lee Andrews was a rapist in Florida (Williams). After, the conviction of another case was solved by DNA evidence. In 1988, a man from Virginia which was called the “South Side Strangle” was...
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...relevant information concerning pending lawsuit effects for the use of clients and affected stakeholders. Reporting Requirements For Contingencies: Paragraph 450-20-25-1 sets forth the general rule on loss contingencies. The rule applies in the event a loss contingency is present, and the probability that an incident or event would occur to validate the loss, incurrence of liability, or damage of an asset that can vary from probable to reasonably possible (FASB, 1975). The term loss or losses is used as a means to cover charges against income or expenses. An estimated loss from a loss contingency can be charged to income based on FASB paragraph 450-20-25-2 when the two conditions given below are satisfied: I. There is available information before issuance of the financial statements that indicates it is possible an asset had been damaged or a liability had been incurred at the date of the financial statements. It must be probable that one or several future events will occur to affirm the details of the loss. II. The amount of the probable loss can be reasonably estimated (FASB, 1975). The goal of these two conditions is to require accrual of losses by charging to income when it is logically reasonable and relevant to the current or preceding period. A pending case that satisfies...
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...the assessment key points such as: factors that contribute to the development of romantic feelings, the impacts that romantic relationship create for any organization, the implications of personal interests on professionalism, and probable consequences that resulted from such relationship[s]. This part is both vital and critical in the research since this will indicate any interest of the readers to further get hooked with the said topic presented. II. Key Findings * Factors that contribute to the to the development of romantic feeling According to Charles E. Pierce, Donn Byrne, and Herman Aguinis via their journal titled ‘Attractions in organizations: a model of workplace romance’, the intimate contact between male and female employees has increased due to the sexual integration in the workplace. It was mentioned that having such romantic links or feelings toward a boss and his or her subordinate is not far from happening since it a report, there are more and more people spending increasing amounts of time at work and at the same time, there are more single people in the workplace. In a survey, today, workplace romance is somehow accepted as most workers do not perceive as inherently problematic or a cause of problem. Also, it stated that the younger employees do not necessarily worry about such issue, but are more confident in jumping into any office or workplace romance. They see it as something the office has nothing to be concerned...
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...The Patriot Act: A Constitutional Analysis Andrew Mills University of Memphis Abstract “The USA Patriot Act, enacted seven weeks after the September 11 attacks, granted the federal government sweeping new powers to expand surveillance, curtail financing, and deport aliens in connection with terrorist activity” (Stanford, 2003). This quote embodies the reasons for the heated controversy surrounding the Patriot Act. Whether one discusses the brief period of time leading up to the signing of the Patriot Act or the numerous provisions that resulted from the passing of this bill, individuals will likely have clashing viewpoints. The vast majority of the controversies surrounding the act involves whether or not it falls in line with the U.S. Constitution. Opponents of the act argue that it should have never passed through Congress due to its unconstitutionality. Those who support the Patriot Act often use its success in fighting terrorist threats as a reason to maintain it. After analyzing the bill and its provisions, its successes were made apparent, as well as its unconstitutionality. The Patriot Act: A Constitutional Analysis The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, commonly known as the USA Patriot Act (USAPA), was signed into law during one of the most distressing periods in American history. Its hasty introduction spawned controversy across a variety of political spectrums. Concerns regarding...
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