• P alleges excessive force and false arrest for criminal possession of a controlled substance. P alleges that he was driving his friend, Luis Zapata’s minivan when MOS pulled him over. P alleges that he provided MOS with a valid Puerto Rico’s driver’s license. P alleges he was strip searched at the precinct. Narcotics were in plain view.
The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
The Case Against Marijuana Gonzales v. Raich In Gonzales v. Raich the legal issue facing the court is whether Congress has the power, through Article I Section 8 of the Constitution, to “prohibit the local cultivation and use of marijuana in compliance with California law.” The 1996 Proposition 215, now codified as the Compassionate Use Act of 1996, was created to ensure ill residents of California had access to medicinal marijuana. The 1996 Act is relevant to this 2005 case because it is important to the eventual dispute before the court.
US v. Lopez was a decision handed down by the US Supreme Court in 1995. The case was significant because it was the first ruling to set limits on Congress's power under the Commerce Claus in the Constitution since Franklin D. Roosevelt's New Deal. Lopez, a student was caught with an unloaded weapon on school grounds that he was allegedly selling. He was arrested under the Gun-Free Zone law. Lopez argued that this law was unconstitutional as it blocked interstate commerce.
Analysis of issues in the motion to suppress. Argument a) The police relied on the information provided by CRI-2 to form the ground for an affidavit seeking to obtain a search warrant. The information from CRI-2 was not credible and could not be independently be relied upon or verified.
The United States v. Lopez case was about Alfonzo Lopez, a 12th grade student from San Antonio, who came to school carrying a hidden weapon. Under Texas law he was charged with possession of a firearm. Later on he was dismissed of this violation and was later charged with “federal criminal statute”. He was found violating “ The Gun-Free School Act”, which was created in 1990. His sentence was 6 months in prison and two years of being supervised while being released.
CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach. CNN News also reports that the video has Eric crying repeatedly that he could not breathe until his last gasp. Evidence and Applicable Laws Julie Bolcer, a representative of the NY medical examiner 's office confirmed that the cause of death was "compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police.
I believe it is imperative for Evita to raise suspicion about the cause of Eric’s death as well as the parental competence, Evita needs to make sure that these parents have the ability to raise their children. As a social worker it is Evita’s responsibility to be completely honest about any information she knows in order to ensure that the family is safe as a whole. I believe that Evita needs to raise suspicion to ensure the other two children within the family are safe and the parents are competent to be raising their children. If the Father Bill is in reality babysitting the children drunk, this could have been a major factor as to why the Father didn’t wake up when he rolled on top of Eric. It is obligatory that Envita ensures that the living situation is safe so
Apart from the TVPRA, a longstanding court injunction in Perez-Funez v. District Director, 619 F. Supp. 656 (C.D. Cal. 1985), grants another layer of protection to unaccompanied immigrant children. The Perez-Funez litigation alleged that then-INS had a policy and practice of coercing children into accepting voluntary departure from the United States, thereby waiving their rights to a hearing and an opportunity to apply for relief. After trial, the court held that the government’s existing voluntary departure procedures violated the children’s due process rights, and interposed critical safeguards designed to minimize the risk of coercion. Id. at 669-70.
The case of R. v. Schoenborn is a troubling case involving the death of three children and the defence of not criminally responsible on account of mental disorder. This defence must be critically analyzed along with the evidence and expert opinions as it could absolve the accused of the charges. As well, the precedent that the verdict provides is critical to the legal system and its future implication and thus give the decision more importance. After a thorough examination of the facts, it is evident that the verdict of the Supreme Court of British Columbia is correct and reflects the administration’s objectives and beliefs. This will be demonstrated through the application of legal principles and elements.
The 1992 Mabo High Court case represents one of the most profound cases in Australian history leading to the turning point of Reconciliation for Aboriginals and Torres Strait Islanders. As a result of this decision, it changed the legislation of the indigenous Australians introducing land rights and impacted the indigenous Australians society rights and freedom as a more desirable outcome in the movement towards Reconciliation. The 1992 Mabo court case was a pivotal turning point in the progressive Reconciliation in Australia. It paved the pathway for Indigenous land rights and confronted the state of Queensland and Australian commonwealth to regain their freedom and equality.
Sauvé v Canada (Chief Electoral Officer) (2002) Plaintiff - Richard Sauvé Defendant - Attorney General of Canada, Chief Electoral Officer of Canada & the Solicitor General of Canada FACTS The Plaintiff: Richard Sauvé is a former member of the biker gang ‘Satan’s Choice’. In 1975, Sauvé was sentenced to 25 years in federal prison for the murder of an opposing gang member. In 1993, Sauvé started a long journey fighting an injustice that denied all inmates the right to vote.
The first part to the Alien Act, also known as the Neutralization Act, extends the waiting period to achieve citizenship. As most of the immigrants favor Republican views. The Neutralization Act ensures lack of voters in the immediate time. Law cannot argue this indirect attack, but clear speculations arise. The questions of timing and the Republican’s upheaval connect the act to a motive.
Also, it could be said that the case of Ghaidan v Godin-Mendoza opened the floodgates and its decision helped future case where it concerned human rights especially section 3 of Human Rights Act 1998. For instance, in the case of Nutting v Southern Housing Group Ltd , the claimant and the defendant formed a homosexual relationship. However, their relationship was volatile and Mr Roberts stated that it has ended. Then he died and the association brought possession proceedings against the defendant, which he defended on the ground that he was entitled to succeed to the tenancy under Housing Act 1988, s.17. The court set out the test to be applied when determining whether a person applying to succeed to an assured tenancy had been the deceased tenant's "spouse".
Humans have scars in all sorts of unexpected places. They’re like hidden roadmaps of their personal history, remnants of their old wounds. The scars you bear are the signs of a competitor. I carry my scar everywhere. I think it’s beautiful in a way.
