313 Search Results for Constitutional Law Search and Seizure
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...
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower e Continue Reading...
("Home Confinement / Electronic Monitoring," n. d.)
House arrest or home confinement started as a program to handle particularly as a sentencing substitute meant for drunk drivers, but rapidly spread over to a number of other offender populations i Continue Reading...
Other constitutional protections such as profiling are equally susceptible to manipulation and circumvention in the field by creative articulation on police reports.
How common is wrongful conviction in our criminal justice system?
Despite all the 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...
" Prohibiting "a bill of attainder" means that the U.S. Congress cannot pass a law that considers individual or aggregation blameworthy and later discipline them. Disallowing an ex post facto law implies that the U.S. Congress cannot make any given a Continue Reading...
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when 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...
Evolution over the Years
To a majority of individuals, arrest and detention within a law enforcement facility may be counted among the worst of life’s experiences; being coerced into confessing, at times under torture, is much more terrifying. Continue Reading...
In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are Continue Reading...
Privacy in the Workplace
"Employee Monitoring: Is there Privacy in the Workplace?" 2003. Consumers Action Network
Professionally ethical standards dictate that employees should be committed to working and performing at a professional level while in 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...
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...
The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reas Continue Reading...
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding Continue Reading...
Ethical Pros & Cons of Criminal DNA data banks
DNA banking of criminal information is a source of controversy among many human rights activists. According to statistics, Criminal DNA databanks offer an effective means of controlling crime. Genet Continue Reading...
Terry v Ohio (Supreme Court, 1968) -- Found that the 4th Amendment prohibition on unreasonable search and seizure is not violated when an officer of the law stops a suspect on the street and frisks them with probably cause to arrest if there is reas Continue Reading...
The fact that industrial control systems may be vulnerable to infiltration by other citizens, or international parties puts laws pertaining to intersection of systems transmission at the forefront of priorities for us all.
At present, telecommunica 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...
Ethical Considerations for the Use of Technology to Meet Selected Homeland Security Objectives
Introduction
The Digital Age has transformed the way the world works for better or worse. Technology exists to bring down nations’ infrastructures wi Continue Reading...
Exclusionary Rule prevents the admission of evidence that was gathered in an unconstitutional way as specified by the Fourth Amendment of the Constitution, which covers the parameters of searches and seizures. In fact, officers of the law who conduc Continue Reading...
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) Search Incident to Lawful Arrest Continue Reading...
According to Dripps (2001), "Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in a Continue Reading...
For example, ordinarily, a citizen may not be stopped and questioned by police merely because of the fact that he is Caucasian, bald, and in the immediate vicinity of a predominantly African-American church primarily because of 14th and 4th Amendmen Continue Reading...
Motion to Suppress Drug Evidence in a Case
During a regular traffic police check, a criminal defendant was stopped by law enforcement personnel after he was observed speeding. A computer check indicated that the criminal defendant had an outstandin Continue Reading...
4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized Continue Reading...
The private security field also underwent significant reforms in connection with the qualifications, training, and (especially) vetting of employment candidates as well Ortmeier, 2009). Ironically, instead of recognizing the comprehensive improveme Continue Reading...
The other aspect of Fourteenth Amendment protections that is most relevant to the modern administration of justice in the age of global terrorism and national security concerns is the right to equal protection under the laws of both federal and sta 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...
Unlawful Detention at Guantanamo Bay
In his book The Enemy Within, author Stephen J. Schulhofer notes, "In the two months following September 11, approximately 1200 foreign nationals living in the United States were arrested and detained by federal Continue Reading...
Stop and Frisk as it Relates to Race and Social Class
Despite living in the Land of the Free, some Americans on the public streets are still being singled out by law enforcement authorities for questioning and searches based on race and social class Continue Reading...
The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder.
Q4. State and explain the two (2) types of immunity that might 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...
While this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the Continue Reading...
The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.
Fourth Amendment constitutional right Continue Reading...
" (392 U.S. 1, 88 S.Ct. 1968).
The Court adopted the notion that Officer McFadden was protecting himself and others and found that there was probable cause to search the suspects. They "concede the officer's right to conduct a search" incident to th Continue Reading...
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
(Rian)
CJ327W Research Methods in Criminal Justice
The Miranda vs. Arizona rulin Continue Reading...