Essays on Seizure

In 1961 the evolutionary rule was born into the Fourth Amendment of the U.S. Constitution. “The exclusionary rule was set in place to protect the people of this country” . The protection of this rule was put forth against evidence illegally obtained by police. The evidence that was illegally found is violates citizens’ rights of the Constitution. This rule can be good for citizens even if the evidence proves guilt but cannot be used against them because in the matter in which it was obtained. This means the evidence is thrown out of court, and the individual may not be ...

The Fourth Amendment protects the people from “unreasonable search and seizures” by the state. However, this does not mean that each and every search or seizure by the state is unreasonable. To be sure, while the Supreme Court has said that the standard of a reasonable search or seizure is one that is initiated with probable cause of criminal activity backed by a warrant issued by a neutral judge; it has also held that there are a number of circumstance were a governments responsibility to keep the community safe and secure rise to the level in which is can ...

COM/510

The article titled “Armed Group Vows to Continue Occupation at Oregon Refuge” is a recent article that appeared in the New York Times dated Jan 3rd, 2016 by Johnson Kirk and Healy Jack. The article covers protests that have began peacefully at the Malheur National Wildlife Refuge in Oregon near Burns. The protests were against the sentence that was imposed to an old rancher Dwilight and his son, Steven Hammond, who had settled fires on federal land (Johnson & Healy, 2016). The United States government has developed a set of laws and conditions, which are to be followed, when dealing ...

One of the most significant issues in the U.S. today is the systemic policies that have led to the U.S. having the largest prison population in the world. A disproportionate number of socioeconomically marginalized citizens are incarcerated and subjected to discriminatory practices by law enforcement and the justice department. The consequences are wide-reaching and inseparable, cutting across political, social, and cultural lines. In order to identify the roots of these interconnected phenomena, one needs to both understand the historical struggle of marginalized groups in the U.S. as well as follow the money. Socioeconomic discrimination, voter suppression, for-profit policing practices, ...

Introduction

This essay reviews the various aspects of evidence gathering and applies them to the exclusionary rule and the fruit of the poisoned tree. The primary purpose of the paper is to discuss possible instances that officers can consider to ensure the quality of the evidence gathered in the Ellis’ “Who did it?” case. It shows just how complex an investigation can become should the officers acquire a taste for unreasonable and illegal means of collecting information. Therefore, the following is an assessment of these elements.

The Exclusionary Rule and Fruit of the Poisonous Tree

The exclusionary rule disallows the federal system from using evidence collected in violation of ...

The 4th Amendment protects the privacy of every American from unreasonable and unexplainable government intrusion. FindLaw (2015) asserts that homes should, therefore, grant their owners’ the ultimate privacy as dictated by law. The description of a home would include apartments, mobile shelters, condos, mansions, motels, and tents among others. Therefore, the police would require search and arrest warrants as well as owner consent before making home entries. This essay discusses the 4th Amendment given a series of responses as follows. The following is an explanation of how the Amendment applies to police entry onto private property. Based on the ...

Introduction

Epilepsy is one of the most devastating neurological health issues which is associated with recurring seizures in affected individuals. The concept of recurring seizures is linked with the transmission of worn signals from a cluster of neurons or nerve cells in the brain. In the event of a seizure, an individual is known to behave in a strange manner and have varying emotions and sensations. In most cases, epilepsy is known to be constituted with violent behaviour, loss of consciousness, and muscle spasms. The direct cause of epilepsy is not known but researchers claim that is maybe a result ...

RESEARCH AIMS AND SIGNIFICANCE: The paper should be regarded as innovative and significant to the development of international maritime law sphere. The principal idea of this essay is to analyze the notion of the maritime terrorism by covering the following issues: (1) distinction of the maritime terrorism from the piracy; (2) identification of the maritime zones where the terrorism could take place; (3) consideration of the perspective targets of maritime terrorism. At the end of the research proposal, the author conducts the evaluation of the role of several international conventions over the regulation of maritime terrorism within the world.

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Miss Mapp is the petitioner in a case regarding bombing where she happened to be a suspect. The Police officers resolved to search for evidence at the petitioner’s residence, but after her denial for entry they sought for military means where they force themselves in. After the search for her seizure, obscene materials are unleashed of which she is tried and convicted of possession of such (4law School).

Cleveland police officers, three in number, visited the petitioners at her home. The visit was due to prior information about the existence of equipment regarding the bombing she was convicted ...

A city Housing Authority operates city owned rental property. The Housing Authority issued the following regulation:” ‘Family' means a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling unit, but limited to the following: (a) Husband or wife of the nominal head of the household. (b) Unmarried children of the nominal head of the household or of the spouse of the nominal head of the household, provided, however, that such unmarried children have no children residing with them. (c) Father or ...

Probably the main peculiarity of the warrantless vehicle searches cases is that the question of the existence of the probable cause is left to the discretion of the law enforcement officers. Police officers make their decisions on the basis of the information that is presented to them, and only they are in power to decide whether that information is trustworthy and reliable enough to constitute a probable cause for the arrest or search.

Rule of Law

In Brinegar vs. United States the Supreme Court paid a particular attention to the question of existence of a probable cause in case of a warrantless search of a vehicle. The ...

The ‘exclusionary rule’ is a rule based on the Fourth Amendment of the United States Constitution which prohibits unlawful search and seizure. The exclusionary rule mandates that evidence seized in violation of the terms of the Fourth Amendment is not admissible in court and should be excluded at trial; it is an attempt to deter police misconduct and prevent them from usurping the constitutional rights of citizens. It is a rule which was originally expressed in Week v. United States, 232 U.S. 383 (1914); in 1961 the Supreme Court made the exclusionary rule applicable to the states in the case ...

Arizona v. Johnson, 555 U.S. 323 (2009)

In Terry v. Ohio, 392 U.S. 1 (1968), a police officer spotted Terry and another man walking back and forth in front of a store in a way in which this veteran officer believed to be suspicious. The men met at the corner and conversed after staring in the front of the store window several times. Another man joined them in the corner conversation at one point. Believing that the men were casing the store, the officer approach the men, identified himself, spun Terry around and patted down his outer clothing. Upon feeling what he ...

Every person faces choices daily, and one of the important ones - career path decision. The turning point for me was at the age of nine, on a family trip to the mountains of Vancouver. On the first night of the planned to be amazing vacation, I had a seizure. Having crawled into bed, I began to shake uncontrollably. My parents rushed to me to find out what was wrong, but I was unable to utter a word. Though my recovery went well, my parents’ incomplete explanation left me unsatisfied and yearning to know more. As an aftermath, I became a young scientist ...

The best evidence rule is codified in the Federal Rules of Evidence. Rule 1002 provides that, unless otherwise provided by the federal statutes, an original recording is required in order to prove its contents. At the same time, Rule 1003 states that the duplicate of the original recording is equally admissible unless there are genuine doubts as to the authenticity of the original piece of evidence. Rule 1004 allows not to require the original evidence if it is impossible to obtain the original by any available judicial process. The court may also admit the summary of the original evidence, ...

Introduction

Many school officials have performed countless duties and responsibilities in different level of challenges that are extremely in demand. School officials are expected to work hard with different students with different characteristics, faculty, and parents in complex circumstances. It is necessary to face multiple needs and the necessity to make decisions in accordance to the environment it belongs, in the right time, right management, and with full liability. In the legal research, the importance of the Supreme Court about the New Jersey v. T. L. O. is reviewed properly by state court cases related to the Search and Seizure ...

1. What key needs in local law enforcement agencies must be met to improve response to computer crimes? How is the issue of computer crime currently addressed, and how do you feel that law enforcement responses could improve? Explain.

The of the key needs in local law enforcement agencies in improving the response to computer crime is keeping pace with the Tech-savvy criminals. There are has been tremendous changes in the computer field. The computing environment is becoming more and more complex. As such, the computer criminals are also coming up with sophisticated ways of overcoming the security mechanism ...

Rakas v. Illinois is a criminal procedure case wherein the petitioners raised their rights to avail of the Constitutional protection provided in the Fourth Amendment of the United States Constitution that provides “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” (Galiano, 2011).

The facts of the case involves a robbery incident that was ...

The Fourth Amendment of the U.S. Constitution affords "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Eventually, these words attempt to defend two essential freedom goods - the right to privacy and liberty from illogical assaults. An examination happens when a belief of discretion that people considers reasonable is trespassed by a legislative ...

Introduction

This assignment is based on a scenario that involves a police officer named Officer Jones, a victim who approaches the officer seeking his help, and a subject that is pursued by Officer Jones in the belief that the subject may have committed a crime against the victim. The following crimes and civil actions could result from the facts presented in the assignment.

The first crime in the scenario is a false report. An example of a false report statute is Texas Penal Code § 37.08 (False Report to Peace Officer Or Law Enforcement Employee). The offense is committed if “a person, with intent to deceive, knowingly ...

As a Supreme Court Justice, it is possible to see two opposing viewpoints emerge in the privacy debate. Should the government collect information from private citizens in the name of national security? The first viewpoint is "privacy and speech are values of great importance" and people typically embrace these values. Scott McNeal, CEO of Sun Microsystems, summarizes the alternative view: "You already have zero privacy. Get over it." Regarding privacy, the issue should not be whether or not we have privacy, but persuading people to care about their privacy issues. Every day, millions of people post their private information on ...

Marijuana has always carried a negative reputation due to its recreational use and the “stoner” stereotype that comes with those who use it. Many people use the drug illegally to get high or stoned for their own pleasure. Marijuana is made from the leaves of the cannabis plant, which are then ground and smoked in various ways, such as through a pipe or a rolled joint. The earliest known use of cannabis drugs dates as far back as the ancient Greek and Roman societies. It has traditionally been used as a recreational drug, but modern times have changed. In recent years, the ...

Introduction

American history shows that people are unique and live together by the rule of law. As historical facts suggest, America's success as a democracy is due to its successful implementation of the rule of law. The rule of law is put into place as 'The US Constitution Bill' by the Founding Fathers of America. After the signing of 'The US Constitution' in 1787, the original law comprised of seven articles. Finally, a collection of ten amendments was made to 'The US Constitution' and signed in 1789 by our Founding Fathers who are known as 'Bill of Rights'. In this paper, we ...

Abstract

While starting a business is the dream of millions, one of the most important first steps for any potential business owner is to understand and evaluate the different types of business organizations that are possible and choose the one that would most effectively help the owner realize their business goals. The five most common types of business organizations are: sole proprietorship, general partnership, limited partnership, limited liability corporation and a corporation. Each type has its advantages such as management control or limited liability; as well as its disadvantages, such as unlimited liability and high tax rates. Indeed, exposure to liability or ...

(Institute/University)

Introduction

A seldom noted observation device geared to monitor the movements of every passing motorist is rapidly spreading on America’s thoroughfares. “Automatic license plate readers” that are placed on police cruisers or on stationary locations such as bridges-utilize small high speed cameras to take pictures of thousands of license plates every minute. The data taken by the readers-inclusive of the plate of the vehicle, the date, time and area of the scanning-is then gathered and at times lumped together into regional data pools. As a result of these activities, innocent motorists have their private information taken and pooled into ...

Introduction

The US Constitution guarantees many of the rights of the individual citizens. One of the rights guaranteed is the right to peaceably assemble. The Bill of Rights states in part that “Congress shall make no law respecting an establishment of religion, or the free exercise thereof [] or the right of the people to peaceably assemble” (First Amendment [emphasis added]). The 14th Amendment, on the other hand, ensures that states enforce this guarantee and all other civil rights guaranteed under the Constitution. The core issue in the present study is the right of the fans of Big Bad Bruce to ...

The structural approach to address the question of safety in schools stem from the realization that schools must make the issue of safe environment where students feel secure in their personal belonging and person becomes a collective responsibility. As a result, it is evident that the role of parents, staff, students and the community at large must engage in functional approaches that enhance confidence among the stakeholders. According to Sindhi (2013), it is evident that the underlying principles of the Fourth Amendments manifest a legal consideration on which the rights of students to be free from unreasonable searches is considered in ...

The extent of the regulatory power of an employer within the workplace often transgreses over the right to privacy of the employees. While the court upholds many times the right of the employers to exercise regulatory power over the workplace such as the conduct of search within the employee’s workplace, the same is only limited under justified circumstances. According to Perline and Goldschmidt (2004), the conduct of workplace search is only justified when the following elements are present: (1) there is reasonable ground to suspect misconduct of the employee or there is a valid, non-investigatory and work related purpose, ...

Introduction

NEW YORK v. BURGER, 482 U.S. 691 (1987) 482 U.S. 691 is a leading case on the American criminal justice system. This paper intends to discuss the abovementioned case in detail along with the facts, issues, and findings of this case.

Brief Facts

Brooklyn based Respondent used to own a junkyard. He was in the business of dismantling automobiles and selling the dismantled parts. Police Officers of New York City department suspected his business and rushed at his premises on 17th November 1982. Police officers were in civil dress, and they wanted to conduct an inspection of the premises. Police officers asked for ...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have ...

Abstract

One of the issues that have garnered massive media attention is terrorism. Terrorists have attacked various places causing massive loss of human life and property. The September 11 attack on America signalled to its administration that it had to re-examine its security policies. It believed that the attack was instigated by its ignominy to control the security situation in within its jurisdiction and undoubtedly the citizens’ overprotection by the constitution. The government made a decision to severely scrutinize the citizens. The previous privacy that the 4th constitutional amendment granted the Americans was later disregarded and president bush took it to ...

The film, ‘Life is Beautiful’ is an ideal demonstration of developmental theory especially as a child grows up. Developmental theory that is a psychologically based theory is seen through the interaction between the father and the son while under seizure during the World War II. Developmental theory has been enhanced by the fact that, the father, Guido, has been the role model in the son’s life, Joshua. Therefore, this paper will explore psychological developmental theory in the film ‘Life is Beautiful’ through father-son interaction (Benigni & Cerami, 1998). Behavioral child development theory is evident through Guido’s interaction with his ...

Abstract

The strong abilities of Romans to manipulate their physical environment via the development and use of strong military forces has led them to acquire several tracts of land across Europe, with its end as the Roman Empire having become memorable in scholarly works due to its sheer expanse. The magnanimity of the Roman Empire is perhaps best measured by the largeness of its territorial acquisitions. This study finds that the strong military forces of Rome has enabled it to two more consequential forms of physical manipulation – the slaughter of many people supporting Roman rivals and the systemic acquisition of land as “war ...

Essay Outline: Assessing the Success of Ancient Rome through the Manipulation of the Physical Environment by the Romans

Thesis Statement The success of Ancient Rome in its efforts for territorial expansion and establishing the Roman state lies on the proficiency of Romans in manipulating their physical environment, made through their immensely devastating military power and the effects of their devastation in terms of eliminating population and transfer of land use.

Supporting Point 1: Immense military power has enabled the Romans to conquer several lands within Europe – first, by conquering the whole of the Italian Peninsula and then by spreading throughout the rest of the continent. Ancient Rome was divided into three eras – the Kingdom, ...

Claim

My position as per the application of FISA and the Fourth Amendment is that the FISA violates the fourth amendment requirement. This is in line with the fact that the Fourth Amendment Act operates on the basis of the exclusionary rule and revolves around the search and seizure whereas the FISA is seen to violate the exclusionary rule.

Background

The Fourth Amendment Act was put in place following the dissenting argument at the time of arrest by the police officers. This is pegged on the basis that the exclusionary rule which is applied where admissibility of the unlawfully acquired evidence ...

‘Project Synergy’ is one of the major cases that the Drug Enforcement Administration (DFA) in the United States have embarked on in the recent past in their endeavor to fight narcotic trading. The enforcement operations were conducted in a total of 35 states, in the United States by the DFA as well as its partners in the law enforcement department aimed at the upper class of drug trafficking organizations. In particular, the operation was targeted towards the upper class of dangerous designer synthetic drug cartels and organizations that acted with no regard for public safety and the law. These enforcement ...

United States v. Leon 468 U.S. 897 (1984) In August 1981, Burbank police received information from a confidential informant about the drug activity of two suspects. Based on that information, the police initiated an extensive surveillance of the residence and persons mentioned by the informant as being involved. Police surveillance revealed a number of others persons, most with criminal records, entering and leaving the surveilled residence with “packages” of varying sizes. A police learned that one of the persons seen at the residence had listed an Alberto Leon as his employer. A check of Leon’s record revealed that he ...

1. Facts 2. Issue

The issues in the following case are:

Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures. Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?

Could the evidence (drugs and guns) be considered admissible in a court of law?

3. Rule The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things that ...

Question 1

There are number of federal agencies that are established to enforce law and prosecute crimes that are related to computer violation, computer fraud and computer crime. These agencies include Computer Crime and Intellectual Property Section (CCIP), U.S. Department of Justice Criminal Division and Department of Justice’s Computer Crime and Intersexual Property section. These agencies also offer training to ensure that the law enforcement members are able to address the computer and electronic crimes and advanced technology crimes. These agencies conducts complex investigation, on the crime allegation, prevents and prosecutes crimes that are associated with digital technology and computer ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows: - Using encryption in aid of a crime: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on ...

Summary of the Case Against Mr. Didid

This report is for the evidentiary file of Mr. Isure Didit. The five contraband images previously discovered on Mr. Didit’s laptop were matched by using hash values by the National Center for Missing and Exploited Children (NCMEC) to those of known child pornographic images (previously tied to known underage victims) Because of this discovery, Mr. Didit’s company exercised its right to monitor employee activity at all times and to take company property back into its possession. Thus, we instigated an investigation into the contents of Mr. Didit’s office. In the office, the digital evidence was : ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory. It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Part II

Question 2 Democratization has been very rampant in Africa. Democratization can be defined as a transition or change in the political regimes from non-democratic to more democratic states. The transition often involves a change from an authoritarian regime to a semi-democratic or a full democratic system. It may also involve a change from the semi-authoritarian political regime to democratic and transparent political system. In Africa different workshops and meetings were convened to discuss how the issue of the authoritarian regime could be eliminated. Some scholars described such discussion as a ‘second wave and policy of liberation in Africa’. Numerous individuals and movements fought in ...

A chain of eleven random explosions has taken place in an area that traverses two states and seven counties. The random explosions resulted in five deaths, 32 injuries and significant property damage. In all eleven cases, the explosions were detonated remotely. The Virtual Police Department of Maryland (VDP) will be the lead investigative agency because the first three attacks were within its jurisdiction. Two suspects were recognized and arrested, one adult male and the other a teenage male. Search and seizures were exercised, and both subjects confessed to their respective roles in the collective crime. - Model: Investigative Taskforce ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows: - Refusal to cooperate with authorities: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on Gorski ...

Abstract

The most widespread causes of seizures are infection. Seizure can occur in all ages and the infection can vary base from age. Toxoplasma occurs in newborns while Creutzfeldt-Jacob disease occurs in elders. Moreover, for some infections like neurocysticercosis, seizures are the only observable symptom. Seizure can be the only indication of global central nervous system dysfunction including rabies and sub-acute sclerosing panencephalitis . This paper focuses on the discussion of seizures, their types and causes, as well as the pre-hospitalization rehabilitation and hospital rehabilitation of seizures. Seizure is a momentary absence of control usually in the company of unconsciousness, ...

Introduction

The task of this report requires the development and analysis of a counterintelligence activity, which specializes in the involvement of drugs, pertaining to an operation conducted by the Federal Bureau of Investigation (FBI). A plethora of counterintelligence sectors exist including matters involving illegal drug activities, terrorism, child pornography rings, money laundering, Internet scams, corporate security, and more. In general, counterintelligence competes with these aforementioned areas sometimes in ways that overlap. For example, an Internet scam may involve theft of consumer credit card information – as well as running illegal or non-existent gambling websites. The chosen case study to be developed concerns ...

Seizures are defined as sudden or disturbing changes in brains electrical activity. Most of the Seizures produce notable symptoms, but some can leave no signs at all. Recognizing a seizure is important as they can indicate a medical problem . Seizures can be of many types two main types are Epileptic Seizure and Non-epileptic Seizures.

Epileptic Seizures

Epileptic seizures are most common types of Seizures, and about 25% of total Seizure types have Epilepsy. Epilepsy is the disease of the brain characterized by an enduring predisposition to generate epileptic seizures, but people who do not have epilepsy can also suffer from epileptic seizures.

Non-Epileptic Seizures

Epileptic ...

Shortly after the terrorist attacks in New York City and Washington, D.C. on September 11, 2001, Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. As a result of real concerns over the security of the nation as well as more than a little mass hysteria over America’s vulnerability in the new age of global terror, the 342-page long USA PATRIOT Act, as it is popularly known, sailed through Congress a mere 45 days after the attacks with little debate or analysis but with broad bipartisan support. Indeed, in the Senate, the ...

The fourth amendment to the US Constitution provides and ensures one of the fundamental human rights. This amendment guarantees freedom against unreasonable search and seizure by public servants and officials or any other agents of the US government. In order to conduct search and seizures legally, such officials and governmental agents are required to have reasonable ground, on the basis of which they receive specific warrant. There are many cases concerning this constitutional amendment that were considered and decided by the US Supreme Court. And the landmark decision in this sphere is Tennessee v. Garner. According to the ...

Question 1 Executive Order 10340 by President Harry Truman

Summary of the Executive Order Executive Order 10340, which was issued on April 8, 1952 by President Harry Truman, directed the Secretary of Commerce to take possession of all steel companies and their corresponding properties and facilities listed in the EO. The EO listed more than 80 steel companies located all over the country. The Secretary was also directed to operate or cause the operation of such facilities with the help of any entities, public or private, as he may designate. The EO further directed the Secretary to do the following: determine the terms and conditions of employment ...

Criminal Procedures Constitution and Society

Prosecutorial Misconduct Problems Overview In legal terms, prosecutorial misconduct is referred to as procedural defense wherein a defendant may argue that they should not be held liable to any criminal acts leading to breaking the law on the grounds that the prosecution intervened in an unacceptable manner (West, 2010). Examples of the problems arising from prosecutorial misconduct are warrantless arrest and or a one-sided prosecution investigation to incriminate a particular person. This leads to biased and selective prosecution entailing a non-favorable Court decision. (1) Describe and explain the rules, cases and reasoning of justices regarding warrantless arrests, according to your ...

Both the cases of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. (1968) and State v. Perkins, 358 N.J. Super 151 (2003), dealt with search and seizure under the Fourth Amendment. The first case involved the constitutionality of ‘stop and frisk’ conducted on the grounds of reasonable suspicion. The second case, on the other hand, dealt with the issue of admissibility of an illegal weapon seized under a domestic violence law in a criminal trial against the defendant. The Terry case illustrated substantive law while the Perkins case demonstrated procedural law. Substantial law “creates, defines and regulates rights” (Walston-Dunham 2011, ...

Should the 1st amendment grant Hobby Lobby a religious exemption in its lawsuit at SCOTUS?

Hobby Lobby lawsuit is an exceptional case because it has corporatized the religious liberty. The 1st amendment should not grant Hobby Lobby a religious exemption in its lawsuit at SCOUTS. This is because of the fact that such liberty extends to the privileges, for-profit businesses and the rights, which have been associated since long with the religious non-profits and churches. But, as a matter of fact this change is the consequence of the deeper and persistent upsetting of the religious liberty law in America. The granting of the religious exemption means that the congressional intent is ignored, and the court has ...

In this book review of The Spirit Catches You And You Fall Down: A Hmong Child, Her American Doctors, And The Collision Of Two Cultures, the account of a clash between two cultures, and the fate of a three year old epileptic Hmong girl will be discussed. The review cites the 1997 edition of the book published by Farrar, Straus, and Giroux. All references in the review are from this edition. The goal of this review is to outline several of the book’s strengths and weaknesses, to explain the reviewer’s opinion of the book, and to lay out how ...

Analysis of a World Text

What is the main theme of the play? First performed in 411 B.C., Lysistrata has now achieved “a fairly permanent place in the modern theatre” (Robson 192), although in the past it was often censored for what Harsh calls its “low comedy” (292). The main character’s name – Lysistrata – is one that was given to girls in classical Athens, but, like most names, it has a meaning. It means “Dissolver of Armies” (Tritle 59) or “Disbander of Armies” (Henderson 35), and it seems fitting, therefore, that the prevailing critical consensus is that Lysistrata is about peace: Tritle even dubs it “ ...

Book Reviews

Book Review # 1: Zeitoun This book by Dave Eggers is a spellbinding and enthralling description of Hurricane Katrina. Zeitoun, a true story, tells the story of an unjust arrest of and racial discrimination against a Syrian-American named Abdulrahman Zeitoun. Eggers tells the shocking tale of Zeitoun family and has once again proves that he is one of the most impressive literary writers in the United States of America. When New Orleans was struck by Hurricane Katrina, the prosperous Abdulrahman Zeitoun opted to stay at his place through the storm for protecting his house and business. After the passage of the ...

Argued December 2, 3. 1913

Decided February 24, 1914

An indictment was made on the defendant Fremont Weeks for using the postal mail for the transportation of lottery tickets, which was a criminal code violation. The police arrested him at his place of work and in arresting him; they conducted a warrantless search on his office and found evidence of the usage of the mail for the transport of lottery tickets. The police later went to Week’s home and entered illegally using a key whose hiding place was directed to them by a neighbor. The police later went on to search the defendant’s premises without an ...

Katz v. United States (1967)

In 1967, the security agents, FBI arrested Katz and charged him for conducting illicit gambling activities from California to Boston and Miami. The FBI placed a listening and recording gadget on the telephone booth and listened to Katz illegal conversation. In the Southern District Court found Katz guilty and sentenced him. The defendant appealed against the case, but the court of Appeal affirmed the charges. Katz appealed for his case to be ruled by the Supreme Court.

Issue

The issue, which Katz seeks a review of the ruling is the government has no right to wire-tape a public ...

The search and seizure rule is premised on the Fourth Amendment rights guaranteed by the Constitution of the United States of America. The main intention of the provisions is to provide privacy which applies to persons and their property. In that vein, in every investigation, an officer must approach searches and seizures from a premise of observation of the right to privacy. Such rights may only be overridden by probable causes and or existence of reasonable circumstances. This shall be discussed in the following section in relation to the legal guidelines. The legal guidelines in searches and seizures are ...