On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as r Continue Reading...
If the defendant is indicted, then a trial may follow. The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal r Continue Reading...
School Policy Involving Students' 4th Amendment Rights
Some of the nation's public schools are beginning to resemble medieval fortresses with armed guards stationed at entrances equipped with metal detectors. Although these steps have helped to pre Continue Reading...
Miranda Issues in Law Enforcement
In 1966, the U.S. Supreme Court decided the landmark case of Ernesto
Miranda, who had been arrested by Arizona police on suspicion of rape. The suspect confessed to the crime after two hours of questioning by polic Continue Reading...
The student journalists sued, citing the Tinker standard (Hazelwood School District v. Kuhlmeier, 1988).
The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" lang Continue Reading...
Police Officer Murder Death Penalty Scenario
The case of 20-year-old Jesse James, who was recently arrested for the alleged murder of a police officer, is one which is sure to arouse the public's sense of righteous indignation, with friends, family Continue Reading...