...On November 18, 2011, charges was bought against Antoine Jones for possession of drug trafficking. The case was the Supreme Court of the United States, No. 10-1259, Citation 565 U.S 132 s. Ct. 945, 181 L. Ed 2d 911; United States, petitioner v. Antoine Jones. All 9 parties of the Supreme Court were present for the trail as well as the plaintiffs which were the law enforcements along with Deputy Michael R. Dreeben and the defendant Antoine Jones. Each party hand a chance to deliberate their opinions and stating their case against Antoine Jones. This case was not only bought into court just for Mr. Jones’s cocaine distribution but for authorities violating Antoine Jones Fourth Amendment rights by planting a global positioning system on the defendant’s’...
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...Origins of American Criminal Law Legal 320 Abstract The origins of American criminal law date back to England’s Magna Carta of the thirteenth century and basic rules of conduct regarding murder, robbery, and theft can be found in civilizations dating back thousands of years. The United States being a democracy, affords its citizens many freedoms and laws which non democratic countries don’t. This paper will discuss some of the issues which address the origins of criminal law in America. These issues will include the importance of the Fourth Amendment to the United States Constitution and its relevance to today’s criminal law, the specific powers granted to the federal government versus those that are granted to state governments to make criminal laws, an explanation of the four main goals or purposes of the criminal justice system, and a clarification of police power and the limitations on such power. (Gardner & Anderson, 2011) 1. The Fourth Amendment The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable...
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...Our founding fathers in their quest to set forth protections of citizens enacted the Fourth Amendment to the United States Constitution. (GPOaccess.gov/constitution) The purpose behind this amendment is the people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”. At face value you may believe that this amendment provides you with total protection from an illegal search and seizure. In this paper I will demonstrate that the Fourth Amendment does not cover searches that occur in open fields or for items that are observed in plain view. In order to form an opinion on the constitutionality of a warrantless search you first need to determine what an open field is and what would be considered private property. This is known as the Open Fields Doctrine. (Wetterer, 1998) Items in open fields are not protected by the Fourth Amendment so they can be seized by an officer without a warrant or probable cause. Open fields do not fall within any of these categories. What does “open fields” exactly mean? Open fields encompass any open, undeveloped property that is not intimately used for dwelling (including curtilage) or business. The main residence on a piece of land, any outbuildings closely connected with and in close proximity to it, and the land immediately surrounding the residence are all considered to be within the curtilage of the land and are areas in which there is a reasonable expectation of privacy...
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...that the United States needs to pass stricter gun laws or change the second amendment. This number is decreased three points from just four months ago (Diamond). The second amendment should not be repealed or amended due to the Supreme Court’s YEAR ruling on the second amendment, the lack of success of gun control in other countries, and the necessity of...
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...When looking back to the early years of the United States, one may analyze why Anti-Federalists were against the Constitution because the Constitution is the most important document of the United States. It was quite simple; there wasn’t a bill of rights drafted in the original copy. Without a bill of rights, the people would never be aware of their unalienable rights and the power and roles of their government. Patrick Henry said, “The liberties of a people never were, nor ever will be, secure when the transactions of their rulers may be concealed from them,” at the Convention of Virginia in June 1788. He was trying to convey a message that showed the importance of citizens having their rights listed, so the government would never be able...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “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] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...cross the threshold of the ruined tenement." -William Pitt in Parliament in 1763- If freedom of speech, the first amendment, is the most important of our right than the Fourth Amendment, protection against unreasonable search and seizure is right behind it. To the framers of the constitution illegal search and seizure was deeply personal. British soldiers through writs of assistance had a blank check to search homes and personal belongings, this is likely why they included protections from such searches...
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...James Thomas, Senator for the State of Oklahoma To the Congress of the United States of America: When our Constitution was first drafted the Founding Fathers argued long and hard about the inclusion of a Bill of Rights .The key reason the Founders finally united and agreed to pass a Bill of Rights, even though the Federalists had initially argued that a piece of paper could not act to protect individual freedoms, was because they felt there had to be a way to “oblige the government to control itself,” (Postell). There are many searches of colonists’ private homes and their inability to protect themselves from such intrusions by the British Crown led the Founders to pass the Fourth Amendment (Flex Your Rights Foundation). At its core, the Fourth Amendment protects the right of the people to be free from an absolute government intrusion and from a government that has run wild with its own power. The Fourth Amendment says (Findlaw): 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. People have a right to feel safe in their houses and property cannot be lost to government action simply because the government has the power. To protect people from government intrusion and its...
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...Article/Case Law Search HCS/430 February 4, 2013 Vanessa Williams Article/Case Law Search The aftermath of the 9/11 in 2001, has left the United States of America in frenzy. It is this particular event that has been devastating to our nation and unforgettable. Furthermore, stressing the importance of the safety and health of the general public. September 11, has caused federal and state governments to merge public health and public safety into one. This merger brought about the significance of public health preparedness. In other words, this merger created ways in which we can protect the country against future terrorist attacks and the precautions that we must now take to ensure that our nation and its people are protected (Annas, 2012). The United States Supreme Court now upholds the merger. But where problems begin is in the area of routine strip searches of those who are arrested (even those who commit a minor crime such as, not wearing a seat belt) before being confined to either jail or prison. The U.S. Supreme court had to whether or not these routine strip searches were a violation of the Fourth Amendment. According to Walenta (2010), the Fourth Amendment states: “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...
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...Name: cherry boom Case 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...
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...You can see this example in the United States v. Watson, 423 U.S. 411 (1976). Petitioners and appellant argue that if this requirement is within realms of the Fourth Amendment and has nothing to say about how that seizure is made. This submission ignores the many cases in which this Court, by balancing the extent of the intrusion against the need for it, has examined the reasonableness of [471 U.S. 1, 8] the manner in which a search or seizure is conducted. To determine the constitutionality of a seizure we must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion. We have described "the balancing of competing interests" as "the key principle of the Fourth Amendment." Because one of the factors is the extent of the intrusion, reasonableness depends on not only when a seizure is made, but also how it is carried out. You can notice these instances in such cases : United States v. Ortiz, 422 U.S. 891, 895 (1975); Terry v. Ohio, 392 U.S. 1, 28 -29...
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...POS – 301 November 2, 2014 Professor Biddle My Rights and Freedoms As a citizen of the United States I do not appreciate the freedom and rights given. I have not thought about how fortunate I am to live in a country that allows freedom of speech, freedom of expression, or my favorite, freedom of religion. Throughout this assignment I will explain which freedom in the first amendment relates to me the most, discuss why the Bill of rights are important, and discuss the process for amending the Constitution. The freedom in the first amendment of the constitution relates to me the most would be Freedom of Religion. Freedom of Religion states that as an American I can practice ANY religion I want or I do not have to practice any religion at all. The reason freedom of religion relates to me most is because I am a strong believer in the idiom “to each his own”. I do not care if my friend is Jewish, Hindu, Christian, the list goes on. I think expressing one’s self is extremely important and religion is one of those ways. To me, what a person’s religion is does not determine if they are a good person or not. There are people that consider themselves “Jewish” or “Christian” but yet they are extremely mean and do not care about others. Freedom of religion allows for every single citizen of the United States to have a sense of freedom. We do not feel obligated to have a certain type of religion, which is better! The reason I say this is because if we are not forced to follow...
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...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security Administration...
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...Bill of Rights The First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution will be analyzed. This paper will discuss the relationship between the different areas of the Bill of Rights and the administration of justice and security. The aims of and the challenges fronting different federal, state, and local enforcement agencies will be discussed along with roles of the federal, state, and local court systems with regard to public safety and civil rights. The goals of the juvenile justice system with those other agencies will be discussed as well as the roles of private security organizations with respect to both corporate and public protection. Last there will be recommendations to solutions of the numerous tasks fronting criminal justice organizations and security organizations (University of Phoenix Syllabus, 2013). Amendments First Amendments The First Amendment explains that it is the independence of demonstration of the media and religious beliefs. This particular portion of the constitution forbids any type of reticence of communication, worship in addition to the capability to gather people calmly. This permits for every American to communicate without restrictions and worship wherever they want nationwide (The United States Constitution, 2010). Fourth Amendment The Fourth amendment was written to protect the people and their private property. In this amendment the people were promised their safety from illegal search and seizures as...
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...Homicide by Intoxicated use of vehicle or firearm Wis.Stat.Ann §940.09 Issue: Is the taking of a blood sample a violation of 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...
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