... 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 addressed...
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...Study Sheet Unit 3.1 Constitutional Law 1. Identify the purpose of the Constitution of the State of Nevada. 2. State the purpose of the Bill of Rights 3. State the purpose of the First Amendment 4. State the purpose of the Second Amendment 5. State the purpose of the Fourth Amendment 6. State the purpose of the Fifth Amendment 7. State the purpose of the Sixth Amendment 8. State the purpose of the Eighth Amendment 9. Explain the purpose of the 14th Amendment as it relates to the Bill of Rights. 10. List the two pertinent clauses in the 14th Amendment as they relate to Police. 11. Explain the affect the 14th amendment has on citizenship. Unit 3-2 Criminal Law 1 1. Explain difference between criminal and tort law 2. Define the term “Law” 3. Define the term “Statute” 4. Define the term “Crime” 5. Differentiate the various classifications of crime per NRS 193.120 6. Identify the Various courts having jurisdiction in Nevada 7. Differentiate between NRS and County/City Ordinance 8. Demonstrate how to use the Nevada Revised Statues (NRS) to locate various crimes 9. State the elements of NRS 193.190 (to constitute crime there must be unity of act and intent) 10. State the elements of NRS 193.200 (Intent) 11. State the elements of NRS 193.210 (When person considered to be of sound mind) 12. Identify who is capable of committing a crime pursuant to NRS 194.010 13. State the elements...
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...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position 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...
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...Enforcement, there are several instances that should be addressed. We can start with the search and seizure of the suspect’s residence. The police did not conduct a lawful search and seizure under the guidelines described in the 4th Amendment. The police would have to obtain a search warrant before entering and searching the residence. There wasn’t reason for the police to enter the suspect’s residence. The fact that the officers had an arrest warrant for the suspect is not an exigent circumstance that would have allowed the police to enter his residence. If the police had entered the residence under exigent circumstance and had seen any evidence in plain view then it could have been a lawful search and seizure. Finding evidence in plain view would have been the probable cause needed to search the entire residence for evidence after obtaining a search warrant. This was not a reasonable search and there was no probable cause that would have allowed the search. The evidence in the case study that led to this conclusion was it states that the police entered the residence with only an arrest warrant and the nod of a 14-year-old girl. It does not state that the officers had a search warrant. According to the way this search was conducted, the suspect 4th Amendment was violated. The fact that the police had obtained an arrest warrant for the suspect and took him into custody when he arrived home was the part of the arrest that was conducted properly. When the police entered the home of...
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...1.Introduction The Bill of Rights is the name for the first ten amendments in the . One of the amendment is the right to privacy, the right to illegal searches and seizures; the right to a warrant. The original words are “ 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 upon probable cause, supported by oath or affirmation , and particularly”(The constitution). This amendment was written on September 25,1789 and ratified in December 15,1791 . The amendment I will be discussing you is the fourth amendment , this amendment gives you the right to have privacy and secures it against any unreasonable searches. This amendment was added...
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...Search and Seizure Louisa Barnes CJ333: Constitutional Law March 16, 2014 Erin Shriver SEARCH AND SEIZURE Constitutional Search The high school students were throwing a party that created so much noise that a noise complaint was lodged with the police by a neighbor. This gave the police the right to enter onto the property to investigate the complaint. Once they arrived at the residence and started talking to the party goers they smelled marijuana on the individuals. Because of the reasonable suspicion and probable cause that criminal activity was taking place they had a right to search the premises. This is found in the Fourth Amendment under Probable Cause and Reasonable Suspicion (Farlex, Inc., 2014).To protect evidence from being destroyed they also had a need for the search of the premises. To protect themselves as well as possible evidence they were also permitted to frisk the individuals that were out on the porch of the house. This exercise is permitted when they have reasonable suspicion that a criminal activity is taking place (Daniel E. Hall, 2012, pp. 509-510). While frisking the individuals a bag of marijuana was found. This led the police officers to then call for backup for searching the house before evidence inside the property could be destroyed before a warrant could be obtained. While waiting on the backup they proceeded to search the remaining individuals inside the home, again to keep themselves safe. Drugs are a type of evidence that can disappear...
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...Development Code Amendment-Initial Study Thank you for providing the California Department of Transportation (Department) the opportunity to review and comment on the Initial Study for the City’s Development Code Amendment. The City encompasses a total planning area of about 50 square miles of land bounded on the north by unincorporated areas of San Bernardino County, on the east by unincorporated areas of the San Bernardino County and the City of Fontana, on the west by the city of Upland, and on the south by the city of Ontario. The industrial Park (IP), General Industrial (GI), and the Mixed Use (MU) districts are subject to the proposed Development Code Amendment. The industrial Park and General Industrial districts...
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...Jasmine Thibodeaux Case Study #2 Kirk v. Louisiana I. In 1998, residents of a New Orleans neighborhood left tips for the New Orleans Police Department regarding drug activity. Detectives from the NOPD started surveillance on the apartment which belonged to Kennedy Kirk. During the surveillance of the apartment they witnessed four apparent drug transactions at Kirks residence. After one suspected buy they stopped the buyer that just left the apartment and found that he was in possession of crack cocaine. The detectives had probable cause and believed that evidence could be destroyed if they waited for a warrant. They decided to enter without seeking that warrant. Once inside the residence, they found crack cocaine, cocaine and cash on Kirk himself. No other drug paraphilia was located in the apartment. Kirk was convicted of possession of cocaine with the intent to distribute. He believed his arrest was illegal and “police were not justified in entering his home without a warrant absent exigent circumstances” (Cornell University Law School, n.d.) and appealed to the higher court. The Louisiana Court of Appeal declined to determine if those circumstances existed because “the evidence required to prove that the defendant possessed cocaine with the intent to distribute, namely the cocaine and the money, was...
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...United States, for instance. Michael A. Whren and James L. Brown was seen driving a truck in a “high drug area” and came to what could be considered as an unusually long stop. Without signalling, Whren and Brown turned the corner and quickly sped away when plain-clothed officers in an unmarked vehicle chased and apprehended Whren and Brown (US Supreme Court, Whren v. United States). The officers did find a bag of crack cocaine, but the question here is did the officers violate the 4th amendment and conduct an illegal search and seizure? Did these officers just use the routine traffic stop as an excuse to search the truck because they didn’t have enough evidence or probable cause of them possibly drug...
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...pockets. Gideon was arrested for vagrancy and was charged for breaking and entering. During his first trial, Gideon asked the judge to appoint him a defense attorney, as he was unable to afford one. The judge refused though, stating that he could only provide Gideon with an attorney if he had been charged with a capital offense. Gideon argued that he was entitled to an attorney because of what the Sixth Amendment states. Nonetheless, Gideon was put on trial and was sentenced to five years in prison on August 4th, 1961. While in prison, Gideon wrote a writ of habeas corpus, which was a letter demanding that he be brought before the court once more in order to determine if he had been held legally or should be released. Gideon first sent this to the Florida Supreme Court and was denied. He then appealed to the U.S. Supreme Court, and they agreed to hear the case once more. On March 18th, 1963, the Supreme Court, in a unanimous decision written by Justice Hugo Black, stated Gideon’s conviction was unconstitutional and agreed to give him a new trial. They stated that the Sixth Amendment said “in all criminal prosecutions, the accused shall...
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...after brief conversation. Officer McFadden then confronted the 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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...COMPUTER CRIME OUTLINE SUBSTANTIVE COMPUTER CRIMES I. Intro A. Categories of Substantive Computer Crime Law 1. computer misuse crimes = intentional interference w/proper functioning of computers (hackers, viruses) 2. traditional crimes = traditional criminal offenses facilitated by computers (gambling, pornography) B. Computer Crime v. Traditional 1. computer crime usually threatens economic interests more than physical 2. computer crime much more likely to cross state boundaries; most traditional crime is dealt with by the states II. COMPUTER MISUSE CRIMES A. 2 ways they can occur 1. user exceeds his own privileges a. “insider”: has some privileges/rights 2. user denies privileges to others b. may be an “outsider”: no access rights B. Most Common Statutes 1. unauthorized access statutes 2. computer fraud statutes 3. computer damage statutes C. Why Punish? 1. utilitarian: deterrence of harmful conduct, incapacitation, rehabilitation (looks forward) 2. retribution: just deserts; restore moral order (looks back) D. The Hacker Ethic: an open and free approach to using and exploring computers; any computer user has the right to tinker with and improve any computer; rules governing access should NOT be followed 1. misuse can improve security E. How or When to Punish 1. Property-based view: the computer is not yours, so if you break in you should be...
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...stating that race was a factor during the decision-making process. This case challenges the 4th amendment, which protects citizens from unreasonable searches, seizures without warrant. This case challenges the Fourth Amendment because they randomly went to Mr. Armstrong’s hotel room and the Fourteenth Amendment because since the citizens automatically lost their right to have equal protection of the law. In my opinion, Alexander specifically used this case to show how race affected the outcome of this case. The ruling weakens due processing of the law because in the text it didn’t mention that the officers had a warrant. It also weakens the equal protection of Armstrong and his colleagues because he was wrongfully searched so since he was not protected by the amendments, his equal...
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...Random Breath Tests for Drivers is a Smart Thing to do As a six year old little girl I was faced with what I thought was the worst news of my life. In April 1989, my father was hit head on by a drunk driver and was killed instantly. Almost twenty years later and this horrific memory still plays over and over in my head. If random breathalyzers were performed more often by police officers then maybe my father would still be alive today. I believe random breathalyzers for drivers is a smart thing to perform on a daily basis around the world because they will keep intoxicated drivers off the road and keep our roads and highways safe. Far too many people drink near the legal limit not realizing that they may innocently go over the limit. It’s not uncommon for us to be out on a Saturday night with a group of our close friends, have a few drinks and drive home. Sometimes it’s difficult to gage ones alcohol intake and is easier to assume that we are okay to drive. The legal limit in most states is 0.8%. If a person is driving while above the legal limit they are arrested and charged with drinking and driving more commonly referred to as a DUI or DWI. Driving under the influence of alcohol can be seriously harmful to themselves and innocent bystanders such as my father. Alcohol blurs our judgment and decreases our reaction time which can be crucial while operating a motorized vehicle. Driving while under the influence is illegal and those that violate that law should...
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...An assignment on 15th amendment of the Bangladesh constitution. The 15th amendment of the Bangladesh constitution is perhaps the most debatable one in the post democratic era that follows the 1990 public upsurge against autocracy. The often pronounced justifications offered for this amendment is the ‘needs’ for returning to the spirit and contents of the founding constitution of 1972 of Bangladesh. Yet the 15th amendment rather accommodates some of the changes brought out by the 5th and 7th amendments, both made by the Martial Law regime and recently declared illegal and unconstitutional by the apex court of the country. 15th amendment, like most of the previous amendments, also largely failed to reflect comparative constitutional studies. Such study is considered essential for learning the experiences of constitutionalism in relevant jurisprudences and borrowing or adapting them in amending a nation’s own constitution. Although the 1972 constitution of Bangladesh was indigenous in part, the 1972 Constituent Assembly (led by Bangabandhu Sheikh Mujibur Rahman) enriched our constitution by the same process of borrowing and/or adapting from models and concepts of foreign constitutions. For example: collective responsibility of ministers to Parliament and functions of parliamentary committees were taken from UK system, the concept of fundamental principle of state policy from India and Ireland, the provisions of human rights and Judicial review from US constitutional jurisprudence...
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