253 Search Results for 4th Amendment Search and Seizure
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
Warrantless Use of GPS
The Problem of Warrantless GPS Surveillance: Ethical Considerations Regarding Privacy and the Fourth Amendment
The Fourth Amendment protects citizens from unlawful search and seizure by granting them the right "to be secure i Continue Reading...
Governance
The concept of a limited government states that the government should not interfere with the daily activities of the citizens unless to the bare minimum. In the U.S. case, this is embedded in the 9th and 10th amendment. The examples of ar 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...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...
Reasonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)
Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)
Type of Action: Review by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth C Continue Reading...
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from Continue Reading...
Geolocation of the user based on the user's Internet protocol (IP) address. Location-based service companies that specialize in identity protection use this approach, and IP addresses, blocks of IP addresses and credit card billing addresses can all Continue Reading...
Issues before the Court
Does the Constitutional Amendment IV provide a safeguard for telephonic conversations carried out in a public telephone booth? Can secret recordings of such conversations be presented in the form of evidence in court trials ( Continue Reading...
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Although the incidence of deadly force use has likely remained steady in the first five categories, Russell and Beigel emphasize that based on the increased attention being directed at the "stake-out and drugs" category, these rates are likely Continue Reading...
Layne', in December 1994, the Office of the Information and Privacy Commissioner received a compliant that the Vancouver Police Department had taken a decision to block out the faces of those person who were being interviewed by the police in the pr Continue Reading...
Only the Eighth Amendment truly applies to the post-conviction treatment of a criminal defendant, by prohibiting cruel and unusual punishment. There is nothing about being confronted with victim impact statements that is either cruel or unusual. Whe 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...
The police officer then called the dispatcher to check Caballes' license and see if he had any outstanding warrants. As he was writing the warning ticket, he asked for a criminal background check from the dispatcher and asked Caballes if he had ever Continue Reading...
These include "books, letters, diaries, library records, medical and psychiatric records, financial information, membership lists of religious institutions, and even -- as Attorney General Ashcroft himself conceded in testimony before Congress -- ge Continue Reading...
growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system.
According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of Continue Reading...
Courts and the Investigation Process
There are many aspects to investigations as they pertain to courts and upholding the law. An investigation is systematic inquiry to determine the facts surrounding an event or situation to determine who, what, wh Continue Reading...
Counter-Terrorism and Social Media: Freedom vs. Security
The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11 Continue Reading...
California Versus Greenwood
The Facts
The police in Greenwood's local area suspected him of conducting illegal drug trade from his residence. The police did not have any evidence to secure a search warrant in his residence. So, they decided to rumm Continue Reading...
com. Retrieved on November 24, 2004 from http://slate.msn.com/id/2088161/
'The U.S.A. PATRIOT Act: Preserving Life and Liberty." (2003). Department of Justice. Retrieved on November 24, 2004 from http://www.lifeandliberty.gov/
Note: Synopsis and ou Continue Reading...
United States v. Jones
Issues before the Court
Is attaching a GPS tracker to a motor vehicle, and subsequently employing it for tracking its movement on public roads, counted as a search-and-seizure operation under Amendment IV? (United States v. J Continue Reading...
Terry vs. Ohio
Terry Vs Ohio
The issue of what constitutes a violation of the fourth amendment forms the basis of the argument in the case of Terry vs. Ohio. In this case the petitioner Terry was stopped and frisked by the officer on the streets. A Continue Reading...
A more questionable exception to the Fourth Amendment is the exception of "vessel searches," where, not only is the warrant requirement inapplicable to brief stops of vessels, but also none of the safeguards applicable to stops of automobiles on le Continue Reading...
S. Constitution. Notwithstanding the defendant's claim that the money orders were not his, the DEA and other federally authorized airport security seized the briefcase because they had probably cause to do so. One federal statute 31 U.S.C. § 532 Continue Reading...
For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company sy Continue Reading...
Patriot Act and Constitutional Freedom
Thomas Jefferson said: 'The price of freedom is constant vigilance.' Unfortunately in a large nation dedicated to the individual freedom and liberty of all its citizens, the only time when the nation learns th Continue Reading...
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, thi Continue Reading...
Terrorist is Created:
Terrorist acts are usually motivated by two major reasons i.e. The belief that violence or its threat will be suitable in contributing to change and social and political injustice. Throughout history, many terrorists have stat Continue Reading...
forum #4: Civil liberties/Civil rights
One recent famous 't-shirt' case involving the civil liberties of a defendant was Guiles v. Marineau, in which a middle-schooler who wore a t-shirt openly critical of President George Bush was suspended from s Continue Reading...
War on Terrorism vs. The Bill of Rights
Conveniently capitalizing on the fear of another terrorist attack, the United States Department of Defense and other branches of the federal government have erected a series of security measures since Septembe Continue Reading...
CONTACT ME BEFORE ASSIGNING TO ANOTHER WRITER. The Role Federal Agencies Fighting Digital Crime in United States, a number law enforcement agencies, including Secret Service, FBI, Department Homeland Security,, roles fight computer crimes terrorism. Continue Reading...
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
USA Patriot Act
United States has been utilizing and exploiting all possible means of thwarting potential terrorist attacks and eliminating terrorist elements from the country. Various laws have been enacted to control information flow and to curtai Continue Reading...
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assuranc Continue Reading...
Corruption exists within all aspects of government, and has since early civilization. While many steps have been taken to prevent such corruption in other areas of the world, the United States has recently introduced legislation that has the potentia Continue Reading...
Police Traffic Stops
The facts contained below considers the major elements that institute a traffic stop as being defensible and legally professional. It will also consider the case laws that established the legality of check points and traffic sto 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...
Pre-Sentence Investigation
Defense Attorney
Jim Aiken
Narcotics Detective
Homicide Detective
Miranda
The Miranda rights were formulated in 1966 by the U.S. Supreme court after a case between Miranda v. Arizona. The Miranda rights relate to the Continue Reading...
Excessive Use of Police Force in the State of California
Excessive Force in California
The objective of this study is to examine the use of excessive force by police officers in the State of California. Toward this end, this study will conduct an e Continue Reading...
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it s Continue Reading...