197 Search Results for Fourth Amendment Implications
Herrera v. Collins
The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing char Continue Reading...
Stop and Frisk
In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendmen Continue Reading...
Fourth Amendment
The United States, as a society, is based upon principles of which other nations in today's world can only dream. Most Americans are proud to admit their heritage, their citizenship, their identity. This "americanness" is fostered b Continue Reading...
Kentucky v. King
Case: Kentucky v. King (2011)
Facts: In Lexington, Kentucky the police were following someone who they believed was a known crack dealer into an apartment complex. Outside of the apartment door, they smelled marijuana smoke. The of Continue Reading...
Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home. Because of the Fourth Amendment, law enforcement officers are required to secure an official court Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are 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...
Hostage Negotiation
The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the plan Continue Reading...
An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause.
A further provision holds that, if a jury has reasonable reason to believe that the e Continue Reading...
, 2003, p. 3).
Conclusion
The research showed that the use of various performance-enhancing substances is not new, but the controversies associated with the use of anabolic steroids, particularly by young athletes, has assumed increasing importance 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...
DRNC Scenario
The author of this report is to answer to three major questions as it relates to the DRNC scenario advanced by the story that preceded it. The first question is the legal claims relating to the use of the LRAD. The second question is t Continue Reading...
This category can further be divided into six subgroups namely; short-range, medium range, long-range, close range, endurance, Medium Altitude Long Endurance (MALE) Unmanned Aerial Vehicles (UAVs). The long-range UAVs are technologically more advanc Continue Reading...
This will prevent the employee from claiming that they had their basic civil rights violated.
In the future, once new changes are introduced (from transformations in technology), is when there will be new policies implemented. During this process, Continue Reading...
Disadvantages of fMRI
lshani Ganguli (2007), Harvard University, asserts in the article, "Watching the Brain Lie," that fMRI lie detection does not yet merit a place in the courtroom or elsewhere. Kanwisher stresses: "No published studies come eve Continue Reading...
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. When it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislati Continue Reading...
1st Amendment Protections for Child Pornography: The 2002 Decision in the Case of Ashcroft v. Free Speech Coalition.
Laws have been passed outlawing child pornography in its various formats. It is forbidden by law to use a minor younger than age ei 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...
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...
Safford Unified School District v. Redding and School PolicyIntroductionSafford Unified School District v. Redding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescripti 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...
The decision as to which protests should be permitted needs thorough evaluation in this particular case.
The Amnesty International protest proves to be at a safe enough distance from the convention and is also a more secure situation, where police Continue Reading...
District of Columbia v. Heller
District of Columbia vs. Heller, 554 U.S. 570 (2008) represents the U.S. Supreme Court's single biggest intervention in Second Amendment jurisprudence. The case was one which had been deliberately manufactured by a sma Continue Reading...
Thus, the hospital went against its own purpose of successfully treating all patients. By ignoring alcoholic addiction, they showed their main concern was illicit drugs, rather than treating all patients with addiction problems effectively.
In conc Continue Reading...
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances 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...
Fourth Amendment, which restricts searches pursuant to a probation circumstance to those with a 'probationary' purpose, removes any wrongdoing in the case of United States v. Knights with regards to warrantless searches. Often times there exists a t 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...
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...
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods us Continue Reading...
Drug Task Force
During the investigative process for a suspected drug-related criminal organization, a judge has issued a wiretap order for a suspect's phone. I have been assigned the responsibility of monitoring the suspect's phone conversations. D 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...
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization allud Continue Reading...
Through experience, the FBI has acquired insights into the fact that there are no dividing lines distinguishing foreign intelligence, terrorist and criminal activities. Foreign intelligence, terrorism, and criminal organizations and activities are i Continue Reading...
If Hiibel had been arrested for driving under the influence and striking a minor child, his identity would not matter. In some of the other instances cited by the majority, such as the case of a violation of a restraining order, requesting identific 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...
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...
1). The blimp, known as "Integrated Sensor Is the Structure" or ISIS has a demonstration ship scheduled for launch by 2014 (Wheeland). This latest addition to the electronic surveillance repertoire of the U.S. government should alarm everyone in the Continue Reading...
USA PATRIOT Act: Discussion Questions
The USA PATRIOT Act, as the Department of Justice (2014) points out was enacted by Congress with an aim of equipping those charged with the enhancement of law and order with new tools to not only combat but also Continue Reading...