81 Search Results for Exclusionary Rule Search and Seizure
Criminal Defense Homicide Case
Fourth Amendment Searches and Seizures in Contemporary America
The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
Private Security Officers Ethical Responsibilities
Private Security Officers
The objective of this study is to examine the importance of ethics in security. Towards this end this work will examine the regulations and laws in this area of inquiry as Continue Reading...
Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal Continue Reading...
Fourth Amendment
"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 affir Continue Reading...
The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police D Continue Reading...
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Continue Reading...
Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context o Continue Reading...
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be bre Continue Reading...
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to priv Continue Reading...
AbstractThis article offers a review of Fourth Amendment interpretive law, with a focus on evolving exemptions to the exclusionary law as well as how social media had impacted interpretations of unreasonable searches and seizures and citizens privacy Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
Decisions of Rehnquist & Warren
The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone maj Continue Reading...
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of Continue Reading...
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" Continue Reading...
Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means.
The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
Mapp v. Ohio
Citation of Case: 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961)
Facts: Cleveland police came to Mapp's home on 23 May, 1957, acting on information that someone was hiding there. This person was wanted for questioning and the poli Continue Reading...
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a d Continue Reading...
These may include dismissals and mistrials, as well as appeals. The chapter details some of the notional elements around double jeopardy, including the situations in which same offense can be defined as such.
Essay
Gilbert Law Summaries on Crimina Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Constitutional Violations
Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evid Continue Reading...
Fourth Amendment Violations
4th Amendment Violations
Fourth Amendment Violations and Recourse
The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and eff Continue Reading...
Citizens\\\' Rights and Equal Rights1. The Constitution lists the powers of and limits on the federal government, but the Bill of Rights lists the guaranteed freedoms of the people. List four rights, each from a different amendment, and explain each. Continue Reading...
Use of Stingrays by Law EnforcementThe Use of StingraysStingray technology is a type of cell phone surveillance device used by law enforcement to track suspects. It works by mimicking the signal of a legitimate cell phone tower, causing all phones in Continue Reading...
This kind of evidence differs from circumstantial evidence. Circumstantial evidence attempts to prove some facts by attesting to or proving events or circumstances from which other occurrences may be reasonably inferred. It differs from direct evide Continue Reading...
Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, Continue Reading...
Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. Continue Reading...
Introduction
Homeland Security is tasked with the responsibility of safeguarding the US from threats, both foreign and domestic. In the age of technological revolution unseen and unrivaled in any previous era of human history, digital surveillance is Continue Reading...
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate.
Yes, the crimi Continue Reading...
Due Process and the 14th Amendment
Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states?
"Like the rest of the Bill of Rights, the Fourth Amendment originally only applied in feder Continue Reading...
Reducing Crime:
From the beginning of the 19th Century, the criminal justice system has basically revolved between two models that are geared towards reducing crime through distinct approaches. As part of their different approach, the crime control Continue Reading...
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a Continue Reading...
Stop and Frisk: The Efficacy of This Technique
Stop and frisk is one of the most controversial techniques used by the NYPD to reduce crime. Stop and frisk, as its name suggests, is when police officers stop pedestrians on the street and frisk them f Continue Reading...
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the g Continue Reading...
Indeed, even the most outspoken critics of law enforcement will likely be the first to dial "9-1-1" when their homes are being burglarized or members of their families are being attacked, but the fact remains that many police department remain prima Continue Reading...
Bill of Rights
The United States Constitution was originally adopted at the Constitutional Convention in 1787, after the perceived failure of the colonies' first attempt at a foundational document for federal government, the Articles of Confederatio Continue Reading...
The main advantage of the convention is that they provide an opportunity for candidates to define themselves in a positive way and for the party to heal itself after a decisive nomination battle.
2. The electoral college is the means by which presi Continue Reading...
Wooderson has a strong case for arguing that the Ordinance passed by the County is unconstitutional. Article I Section 9 of the Constitution says "No Bill of Attainder ... shall be passed," and Article I Section 10 says "No State shall ... pass any B Continue Reading...