39 Search Results for Constitutionality of Searches and Seizures
3) the method by which the search was conducted was outside of the directives that had been given by the school with regard to searching book bags and purses and using wands for students' bodies.
The fourth ranked issues were the fact that the sub 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...
Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence.
Reasons
Although the K-9 team alerted to the presence of drugs in M Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d 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...
It is the harsh reality of life in post-9/11 America that the global terror continues to exact a high toll on American lives and interests at home and abroad, and the terrorist agenda continues to include attacks in the future that may involve weapo Continue Reading...
Criminal Justice DQ
The legislative process is effective in the administration of justice. Conservative lobby groups define proper legislation processes as inclusive governance that promotes inclusiveness of people in decision-making and policy form Continue Reading...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m Continue Reading...
Open Field Doctrine
The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, wh 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...
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...
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...
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members Continue Reading...
By federal law, all passenger airliners now feature cockpit doors that are locked by the pilots from inside the cockpit. Likewise, pilot training now includes the specific instructions not to open the door in response to any occurrence or emergency Continue Reading...
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elem Continue Reading...
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies 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...
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...
("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...
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...
In addition, a brief look at his family history is required, because the political fortunes of James Otis' father directly influenced the trajectory of his own career.
James Otis was part of the fifth generation in a family that first arrived in th Continue Reading...
If they can figure out a way to manipulate the system, they will. Urine samples can be switched if the monitoring is not close enough, and there are also many "masking" products available that advertise their ability to mask the testing results of c Continue Reading...
Works Cited
Blanton, Thomas. (2006, February 4). Wiretap debate deja vu. National Security Archive.
Retrieved April 22, 2009 at http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB178/index.htm
Congresswoman calls alleged wiretap 'abuse of power' (2009, A 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...
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...
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...
Racism / Prejudice
Anyone that is not aware of the recent protest demonstrations in cities across the United States -- resulting from the killing of unarmed African-Americans by police in Ferguson Missouri and New York City -- are simply not paying Continue Reading...
Callier, John Huss, and Eric T. Juengst make excellent points about the inherent intrusion into privacy and the lack of logical nexus between the act and its subjects, to wit, randomly screening the criminal background of every college faculty. By c Continue Reading...
On July 3, 1969, the Fifth Circuit Court of Appeals entered an order requiring the submission of new plans to be put into effect this fall to accelerate desegregation in 33 Mississippi school districts. On August 28, upon the motion of the Departmen Continue Reading...
So the economy is stuck in an equilibrium well below its production and employment potential, even as gross domestic product resumes modest growth" (p. 3).
As a public sector employee for the State of New Jersey Division of Criminal Justice, this m Continue Reading...
While I do believe a woman should have the right to choose, I am not necessarily convinced of that the Ninth and the Fourteenth Amendment allow for a so-called right to privacy to support the creation of a right in this instance. Admittedly, I am n Continue Reading...
How can we trust physicians to weigh pros and cons of so many health decisions, but impose judicial authority upon them on end-of-life issues?
Of course, opponents argue that this will be a slippery slope to allowing rampant assisted suicide. Howev Continue Reading...
Community policing calls for decentralization both in command structure and decision-making. Decentralized decision making permits officers on the front line to take responsibility for their job. When an officer is given more power to create soluti Continue Reading...
" (Foster, 1999) Within this framework there is no reference to gun ownership by individuals and according to Foster's report: "...it is reasonable to assume that private arms are intended for destruction under the term." (Foster, 1999)
The work of Continue Reading...
government policy in criminal justice. Specifically it will answer the question: Do government policy and regulation help or hurt in the racial, ethnic, religious, gender, and sexual orientation area? These members of society could be called "vulner Continue Reading...
Law Enforcement
The use of deadly force by the officer raises issues of reasonableness and due process under the Fourth and Fourteenth Amendments, respectively, as discussed by the U.S. Supreme Court in Tennessee v. Garner (1985, 471). The use of d Continue Reading...
The Department of Homeland Security was created "to develop and coordinate a comprehensive national strategy to strengthen protections against terrorist threats or attacks in the U.S.," according to the Department of State. Ostensibly, the Departmen Continue Reading...
Corrections/Police -- Criminal Justice -- The Brady Act
Seven-Stage Checklist for Program/Policy Planning and Analysis
The Seven Stage Checklist for Program/Policy Planning and Analysis was employed to examine The Brady Act. In Stage 1, Analyzing t Continue Reading...
Patriot Act
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was passed soon after September 11. The groundbreaking legislation, which has caused tremendous contr Continue Reading...