Warrant Case Studies Samples For Students

Introduction

The traditional system of the United States federal government consists of the Congress, the Executive, and the Courts. Congress passes the laws, the Executive enforces the laws, and the Courts interpret the laws. But this is a dramatic over-simplication of the way in which the government carries out its functions and duties. Congress and the President will often delegate their authority to agencies that are tasked with performing specific government functions and objectives. Because the number of government agencies is so voluminous and vast, a large body of agency law has emerged.
Agencies have authority to act pursuant to ...

National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995)
National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995)

National Engineering & Contracting Company is the petitioner and the Occupational Safety And Health Act (OSHA) Review Commission is the respondent represented by the Secretary of Labor, United States Department of Labor in the United States Court of Appeals, District of Columbia Circuit. Case no 93-1468 Argued Oct. 18, 1994.—February 03, 1995 before Circuit Judges Buckley, Williams and Henderson.
Petition for review of $ 400 imposed on National Engineering and Contracting Company ( ...

In the case of the State of Arizona v. Gant, the question being addressed before the court was whether or not, under the 4th Amendment, law enforcement officers need to have their safety threatened or a need to preserve evidence in order to search a vehicle without a warrant after the occupants have been arrested.
Arizona state police arrested Rodney Gant on an outstanding warrant for driving a motor vehicle with a suspended license. The officers handcuffed Gant and he was placed in their squad car. He was locked inside of the car. After Gant was secured, police searched his vehicle. They found a ...

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 ...

Miranda V. Arizona and Terry V. Ohio
The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity.
The exclusionary rule or the exclusionary ...

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Let’s analyze the positions held among Group 1 arguments and Group 2 arguments using the Toulmin methodology.

Group 1: The Halifax Convention Centre Developer should be responsible for businesses losses of neighboring businesses.
Group 1 begins its argument with a good introduction of the subject at hand. According to Toulmin’s methodology, an introduction to the subject provides a good hook to the reader – as to the content of the argument and enhances interest levels for further introspection. The introduction gives a good overview and context as to the reasons for developing the new Halifax Convention Centre.

Group 2: The Halifax Convention Centre Developer should NOT be responsible for businesses losses of neighboring businesses.

...

Business

Part One
1. A pure competitive environment is a business environment where similar businesses sell the same product. Electronic City operates in a pure-competition environment. This is because it sells similar products and its only means of earning more profit is by distinguishing the products either by price, quality, promotions and many other options. I tend to say this because according to Phil, Electronic City is among just a handful of national chains selling the same products. A pure competition business environment exhibits cutthroat competition between businesses. According to the article, the environment was competitive on price where the margins were ...

Brief of Mapp v. Ohio (1961)

Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the expert opinion, ...

Minnesota v. Carter525 U.S. 83 (1998)
This was a case against a man called Carter. It was a case that was argued and also decided in the year 1998 by the supreme court of Minnesota. The case involved a police officer finding out Carter together with John's activities that involved packaging of drugs, to be specific cocaine. The police officer found this out by peeping through a gap on the window of the apartment Carter, and John were at the time. They were arrested by the officer, charged and convicted with offenses involving drugs. However, a particular issue arose from this case by the ...

Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT [2070401], September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his ...

Miranda v. Arizona, Terry v. Ohio

Facts of the case
Ernest Miranda kidnapped and raped an 18-year old woman on her way back home from work after parting company with her coworker on alighting from a bus they had both travelled in. The victim could not identify the perpetrator even though police brought in several suspects. At one stage t police suspected her complaint itself. They made undergo lie-detector test but the test neither could confirm nor deny her innocence. However, after a week of the incident, the victim on her own found the victim and gave leads about him ...

The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...

Parties: Charles Katz (Defendant-Applicant) v. United States (Plaintiff-Respondent)

Facts: Katz had long been suspected by police to be involved in the local illegal gambling scene. In an effort to obtain credible evidence of his illegal activities, the police placed Katz under surveillance (Katz v United States, 1967). That surveillance revealed that Katz liked to use a particular phone booth, which police suspected Katz used to place bets. Consequently, the police attached a “big” or listening device to the phone booth in order to record Katz’s conversation and hopefully obtain evidence against him. The bug was able to record Katz making bets and the police used those ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

Criminal justice system has undergone tremendous changes. The advancement of technology has enhanced forensic investigation. Frye is one of the debated and cryptic decision in the United States jurisprudence. James Frye was tried in court for second-degree murder. James based his defense on systolic blood pressure test, but the court did not allow his testimony. The District of Columbia Court of Appeal put into consideration Frye’s testimony and argument. Frye test refers to the test that is streamlined towards determining the admissibility of various scientific evidence. It entails admitting scientific evidence at a trial process. The test was ...

Introduction

A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer and ...

Legal Environment of Admin

Minimum Procedure: Matthews v. Eldridge, 424 U.S. 319 (1976)
Issue - Does receiving a notice and opportunity to comment in writing a valid ground to cut a person’s legal benefits without going through a full evidentiary hearing? This is the central issue pertaining to the interpretation of due process in the Fifth Amendment.
Decision - The Supreme Court ruled the due process in the Fifth Amendment does not require evidentiary hearing given that the right to receive notice and opportunity to comment in writing was provided to the plaintiff.
Reasoning - The court argues that the determination of the ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

(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 ...

Citation UNITED STATES, Petitioner v Antoine JONES No. 10-1259 (SC, Jan, 23 2012)

Facts
The Intelligence Agency formed a partnership with the Metropolitan Police Department in order to investigate alleged business of human trafficking operating out of Maryland, and therefore, the teamed up investigative units inserted a Global Positioning Services (GPS) module on the underside of suspect’s vehicle (I have mentioned the presence of joint task agreement here). However, the defense argued that the evidence obtained from the installed equipment is inadmissible to the court as it would be a violation of the Fourth Amendment.
Question
Whether or not, the installation of GPS module on suspect’s vehicle was constitutional under ...

Facts of the case: The petitioner in this case, Mr Albert Florence, was arrested on charges of obstruction of justice and use of a deadly weapon. He was eventually sentenced to pay a fine in installments of a certain amount. After he defaulted on these payments, the authorities issued a bench warrant for his arrest. Due to a mistake in the system, however, this warrant was not removed from a statewide computer database. As a result, two years later he was arrested by an officer and brought to the Burlington County Detention Center. After spending six days in detention there, he was brought to the Essex ...

The problem has two sides. The point is that some argue that when a police officer enters a dwelling to conduct a search, the owner of a dwelling may ask to leave. Minnesota vs. Olsen is one of such cases. United States vs. Beck is another case when police officers conducted illegal search. Although, police officers managed to conduct a search, in the court it was proved that the search was illegal. On the contrary, there is a case Kentucky vs. King. Police officers tried to buy drugs from Mr. King. When they managed to do this, they followed the suspect and arrested him 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
...

As highlighted by the United States penal code, murder is classified as a crime. Whether it is in the first degree, second or third, it is still a crime that is punishable by law. In addition, armed robbery is a felony that is considered serious in nature because it poses a danger to the victims. In addition, murder can be classified into instigated murder under manslaughter. Criminal acts are acts that are against the law. The criminal act in question is a case that involved the murder of two store owners during a robbery incident in a Chicago store. The robbery was done by a man called ...

Criminal Law

Question 1:
The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence
in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...

Miranda v. Arizona, Terry v. Ohio

The case involves an appeal in the U.S. Supreme Court against conviction of Ernest Miranda for rape and kidnapping of a young woman and sentencing him for 20 to 30 years of imprisonment on each charge to run concurrently.

Facts of the case

Ernest Miranda, a young Mexican man about 28 years old, kidnapped and raped an 18-year old woman Lois Ann Jameson while she had been returning home from Paramount Theater in downtown Phoenix where she worked along with a coworker and after she got down from the bus alone. After complaining to the police, Lois could not identify ...

Parties involved (Public institution and individuals)

Kenneth E. Hardy, Plaintiff - Appellee, Jefferson Community College and Kentucky Community and Technical College System,
Defendants: Mary Pamela Besser and Richard Green, Defendants-Appellants
Summary
The First Amendment of the United States Constitution affords protection to freedoms and rights of citizen that include but not limited to, freedom of speech. Such rights and freedoms are anchored in the Constitution and cannot be abrogated by any particular individual. Nonetheless, it is never always clear cut on what constitutes speech on issues of public concern so as to fall into the category of speech that is protected by ...

Supreme Court of the United States

ISSUE: Whether police authorities may lawfully enter a private property without a warrant if they have a valid cause or reason to believe that the occupants are seriously harmed or imminently threatened by any sort of injury.

SUBSTANTATIVE FACTS:

After receiving a call regarding a loud party in a residential area, the four police officers responded to investigate.
The police authorities witnessed an altercation happening in the kitchen of the house involving a juvenile and a couple of adult men.
As soon as the juvenile have freed himself from the struggle, he swung a fist and it landed on the face of one of the adults. The blow ...

The situation at Zyedego illustrates how difficult ethical leadership and decision making can be for many HR managers. The situation also symbolizes the increased importance for addressing matters that touch on ethical and legal considerations for many an organization (Linda, Ferell, and Fraedrich, 147). Many managers often encounter situations where determining what is right or wrong is a challenge. For this reason, ethics always becomes an issue of concern for many managers. Despite the importance of ethics in decision making, widespread moral lapses in the corporate world has contributed to the collapse of respected organizations. Adopting appropriate code of ethics ...

The word borderline was a common term in the 19th century used to delineate a condition that was bordering two distinct types of psychiatric conditions that were by the time broadly categorized into major groups; neurosis and psychosis (Chapman and Gratz 9). As Chapman and Gratz assert, this delineation was probably due to the fact that a limited number of patients had been observed to warrant a precise description of the disease. Findings from the researches point to the fact the Borderline Disorder could be described far much differently. Chapman and Gratz uphold that Borderline Disorder, conventionally known as Borderline Personality Disorder (BPD), ...