Wait a second!
More handpicked essays just for you.
Analysis of the fourth amendment
Analysis of the fourth amendment
Analysis of the fourth amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
More handpicked essays just for you.
Analysis of the fourth amendment
Analysis of the fourth amendment
Analysis of the fourth amendment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Analysis of the fourth amendment
Stacey McAlpine who helped Danny Heatley, a former Senator forward rebuild his career after a deadly car crash was charged with a lawsuit for defrauding his clients, Danny Heatley and Chris Philips and laundering the proceeds of the crime. In a statement by the lawsuit, Stacey McAlpine provided Danny Heatly with emotional support and advice during his recovery after the accident. At that time friendship flourished and Danny Heatley trusted and relied on Stacey. In the lawsuit filed at the court, Danny Heatly said that Stacey McAlpine represented him in his career as an NHL player before becoming his business adviser on a salary of $30 million a year.
On Friday July 29,2016, at approximately 2:30 pm, Security Counselor Patrick Johnson of the inspire Nola Charter School Association Security Department, currently assigned to Edna Karr High School , Located at 3332 Huntlee Dr, in new Orleans Louisiana, 70131,had an occasion to investigate the misplacement of a laptop cart containing multiple laptops. S/C Johnson offers the following report. On Friday July 29,2016 at approximately 12:00pm Mr. Chris Reed a teacher at Edna Karr High school discovered a cart containing multiple laptops next to the trash dumpster. Mr. Reed brought the cart back into the school and reported his findings to head of school Harold Clay.
Now although the office filled the warrant out he didn’t specify which unit in a multi-family housing unit was supposed to be search. Unfortunately, the police raided the wrong house or residence, which in returned caused them to kick down the door as well as terrorize an innocent family. Therefore, an innocent person could have gotten killed which has happened before in New York. However, the requirement that the location of a search warrant be specific isn’t “a technicality” but a core principle of the Fourth Amendment (washingtonpost.com. n.d.). Therefore, the reason that the Fourth Amendment was created goes back to the general warrants that the British crown issued to English
A review of the events involving the North Charleston, S. Carolina Whitlee Jones murder case as it applies to the Tennessee “stand your ground” statute brings several factors into question. As indicated in the article, South Carolina’s law as does Tennessee’s states that a person having reasonable fear of death or serious bodily harm can use deadly force on the unlawful intruder. However, this does not apply to a lawful resident or a person who has a legal right to be in the dwelling, business, or auto (Knapp, 2014). As Jones indicates she removes herself from the danger on several occasions, yet she continues to return, placing herself once again in position to receive serious injury or death from her boyfriend who is legally occupying the
As Lawyer Farrington said, Lou Dempsey was accused of illegally selling alcohol to the minor, Eric Howe. Mr. Dempsey failed to meet his responsibilities of asking for identification and anticipating violence and/or accidents caused from alcohol. The amount of alcohol that was given to Mr. Howe, allowed each member attending the party to dissipate their sobriety after drinking four standard cups.
Kaelea Tullly Moran v. Burbine Case When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by providence Rhode Island. He confessed to the breaking and entering and tot the murder when he waved his rights. Because Mr. Burbine’s sister knew he had an appointment with a certain lawyer she called his office but he specifically was not available but his partner was.
Tennessee Volunteers Southeastern Conference (SEC) Eastern Division (2014 record: 7-6) Head Coach: Butch Jones Offense: The fact the defense played well in 2014 was offset by the fact the offense just never seemed to be able to get things going. They only averages 28.9 PPG to go with 370.5 YPG of offense. The reasons for this lethargic display of offense would have to be turnovers (22), inexperience and a general lack of explosiveness on the part of the skilled players.
The police arrested Rubin Carter and John Artis because they fit the description given by Alfred Bello after the Lafayette Bar shooting. Their first right that was violated was “Detention or imprisonment” section 9 “Everyone has the right not to be arbitrarily detained or imprisoned.” John Artis and Rubin Carter were arrested for being “2 black men in a white car” as said by the policeman who detained them. The second right that was violated was “Arrest or detention” section 10 (a) “Everyone has the right on arrest or detention; (a) to be informed promptly of the reasons therefor;” Carter and Artis were not informed promptly of the reason of their detention, in fact, when they were detained both men were taken to the hospital for the surviving
Where there was no probable cause to arrest Hayes, no consent to go to the police station, and no prior judicial authorization for detaining him, the investigative detention at the station for fingerprinting purposes violated Hayes rights under the Fourth Amendment, as made applicable to the States by the Fourteenth Amendment. Reasoning: The police without a warrant or probable cause removed a subject from his home and transported him to the police station, where he was not free to go, although he was there briefly for questioning, In addition fingerprinted him.
Next, we are introduced to Walter McMillian’s case where he was wrongfully accused of a crime. There was hard evidence proving that Walter was innocent, although he was innocent the biggest problem of his case is that he was put on death row before his trial, which is illegal. However, Stevenson represents Walter who was accused of the murder of Ronda Morrison. Throughout the case it is clear that the evidence does not point to Walter being the murder. At the beginning of the book, Walter had his own business where most of his customers were white.
“Riley v. California”) Bensur and Brokamp say in their article that in court, Riley claimed that his Fourth Amendment right was violated because the officers did not have probable cause also called reasonable suspicion to examine his phone. The case went to the Supreme Court and the judges agreed that the police had acted
v. Moscatiello where police lawfully entered a warehouse and in the process discovered drugs, they left the compound as they found it, got a warrant and returned and arrested the suspect for drug possession (Samaha page 393). The court held that the unlawfully entry didn’t help find the drugs (Samaha page 393). Even though the police were in good standing it still shows the law and constitution were fundamentally violated when the police violated Moscatiello fourth amendment right to unlawful search and seizure (Samaha page 393). This case shows that the police can enter a person’s home look around find something leave and come back legally and take what they found while they were searching illegally as long as they can show they would have found it anyway (Samaha page 393). Again if those tasked with keeping the law don’t follow it what is the incentive for the average Joe to follow
So, then the officer will go and ask them questions and then feel around the person’s outer garments such as pants, waist, by the sock area, jacket (if worn at time) only to check for a concealed weapon and/or contraband. Never should the officer go inside the person’s pockets, shoe, or their pants. Stop and frisk is one of the most controversial police procedures that there are. This is a limited search that should only be performed when an officer has reasonable suspicions on a suspect. The American courts adopted stop and frisk from the British command
The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.
In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States