Analysis of Zamora v. Pomeroy 639 F.2d 662 (1981) Level or Type of Court: United States Court of Appeals, Tenth Circuit. Facts: The case of Zamora v. Pomeroy 639 F.2d 662 (1981) was a civil action case filed by the mother of a high school student. The mother claimed that her son’s constitutional rights were violated during a warrantless search of his school issued locker. The search of the school’s lockers was cleared by the Roswell Independent School District Superintendent and defendant, Pomeroy
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and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both
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social issues are at play that effect indigenous people specifically. The two major reasons or drivers of this over-representation stem from this inequality; the first is an element of institutional discrimination found in both the courts and the police services in Australia which tend to target indigenous people disproportionately with the facilitation of legislation and practices which indigenous people have little to no involvement in formulating. The second is a set of cultural and social norms
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2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved
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Pretrial Process Paper Alexander Morgan, Kevin Hebert, Chasity Conner CJA 364 05/25/2015 Carla Taylor Pretrial Process Paper In the following paper, we will discuss the pretrial process. We will talk of pretrial detention and the concept of bail. We will also on the meaning of preliminary examinations, the role of the grand jury and the prosecutor’s duty to disclose exculpatory information. The last thing we will discuss is the prosecutorial misconduct. “Pretrial detention refers to
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T.L.O. the main issue in question is if the 4th Amendment rights of a minor were violated by school staff, if school authorities have the right to search students on campus. The school official stated that he had ‘probable cause’ to search the minor’s purse given the incident, leading to him finding cigarettes inside the purse. The school administrator then used the defense of in ‘plain view’ to justify searching the rest of the purse after finding cigarettes to find
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MILLERSBURG —A Millersburg area man on Monday admitted to possessing, but not sharing, child pornography, reducing him maximum possible sentence from 24 year to six years in prison. Arlin Schlabach. 49, 6061 State Route 241, Millersburg, pleaded guilty in Holmes County Common Pleas Court to four counts of pandering sexually oriented material involving a minor. The charges, all fourth-degree felonies, each carry a potential of up to 18 months in prison. In exchange for his guilty plea, the state agreed
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Pierre Villa Toca Gina Perkins English 1301 Co.7 7 April 2014 Illegal Immigration with Mexico If you were in a situation where migrating to another country would be the best thing to do, what would you do? A lot of issues surge when dealing with immigration in the United States. We all are considered immigrants because a long time ago back when Columbus discovered this land in 1942 Europeans came in and took over the land where Native Americans had been living for many years. In other words
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both the individuals and public order. There are many laws that exist in America and they are in place to keep people of America safe. Individual rights exist to give individuals their freedom, and that identical freedom can be the foundation to cause people to take advantage. People feel they are safe in their everyday lives. Public order is what keeps the world safe from mishaps. The ultimate life is to have freedom and of course everyone wants it; however people can take advantage of that desire
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towards in an attempt to locate him. While on the PVA of the Motel 6 behind the Exxon Cruziers gas station the victim drove up and advised me that a white male just attempted to steal his vehicle and assaulted him. I notified communication and all police units in the area that I was out with the victim, and would be canvassing the area. I circulated the motels parking lot area looking the suspect. While driving in the rear parking lot of the Day’s Inn motel I observed a white male who fit the description
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