" (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...
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...
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests; And law enforcers’ in 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...
Terry v. Ohio case, providing information on the concerned parties, case facts, previous proceedings, arguments and issues, court decision and rationale for the decision. Parties Involved The People of the State of Ohio and John W. Terry Facts Ma Continue Reading...
The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourt Continue Reading...
" (Paul v. Davis) The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily Continue Reading...
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...
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...
Procedural and Substantive Law Comparison: The cases of Terry v. Ohio (1968) and State v. Perkins (2003) both deal with issues of search and seizure as explained in the fourth Amendment to the United States' Constitution. According to this Amendmen Continue Reading...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's Continue Reading...
Traffic Stop Case Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? As we examine this case and more confrontational moments occur between the officer and the suspect, all events remain in question largely on the 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...
Why Due Process Matters in the US Constitution The Importance of the 6th Amendment and the Right to Effective Counsel Unit 1-5 Journals Criminology: The Core Unit 1 This unit looks at biological and psychological trait theories, social structures and Continue Reading...
Police Suspicion Can text I uploaded a file a reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Discuss police encounters individuals req Continue Reading...
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Continue Reading...
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...
Decisions of Rehnquist & Warren The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone maj Continue Reading...
Discretionary Situations for a Police Chief Discretion in the Police Department Discretionary Situations in Criminal Arrests: "Stop" and "Frisk," Racial Profiling The expectation is that public administrators apply a balancing act in the decision 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...
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...
Administrative Search Exception Administrative Search Exemption Administrative search exception: Why it applies to airport searches The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. H Continue Reading...
Further, these writs, once issued, could be reused, and did not expire until the death of the reigning monarch (Knappman, 33). In Massachusetts, a group of colonial merchants, represented by James Otis, petitioned the Superior Court to refuse any n 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...
Stop and Frisk: The Efficacy of This Technique Stop and frisk is one of the most controversial techniques used by the NYPD to reduce crime. Stop and frisk, as its name suggests, is when police officers stop pedestrians on the street and frisk them f Continue Reading...
Detroit has also joined Los Angeles and Chicago in having such a regulation. A similar bill was attempted unsuccessfully thus far in Texas (2001). Responding to the concerns of organizations that represent Hispanics, Muslims and individuals of Arab 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...
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...
As such, the question of fairness is not easily decided. Yet, we see that the Supreme Court has upheld racial profiling if used as a complementary technique. The American people as well support the utilitarian view that racial profiling is fair when Continue Reading...
Evidence The case reveals how the police officers have obtained the cocaine evidence by searching a man house without a warrant making the man to be charged for possession of cocaine. Objective of this paper is to argue whether the cocaine evidence Continue Reading...
invasion of privacy under the fourth amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced. The invasion of privacy is something that is taken very seriously in the United States of Ameri Continue Reading...
Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: Continue Reading...
Business Rhetoric: Drilling in the Marcellus Shale and Environmental Politics Inexpensive energy sources are a requirement if the country is going to continue to thrive the way it has for more than 200 years. The United States is trying to decrease Continue Reading...
Parent's Selection for Supplementary Tutoring Centre in Hong Kong - Primary School Level With reference to the above discussion, it can be apparently observed that the education industry in Hong Kong is quite expanded. However, the performance of s Continue Reading...
