Essays on Warrant

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

Introduction

Every US citizen has a right not to have their privacy unreasonably intruded into according to the Fourth Amendment to the US Constitution. Moreover, under this Amendment, search warrants shall not be issued to law enforcement officers unless there is probable cause that particularly describes the specific place that the police needs to search or the things subject to seizure. In the state of Florida, for example, the requirements of a search warrant are provided under Chapter 933 and include the existence of probable cause, search for only the property specified in the warrant, supported by an affirmation or ...

ABSTRACT

One of the interesting unique aspects of the American legal system is that it really is two systems, namely one at the federal level and one at the state level. Generally, the two systems have little interaction. That is to say, the federal legal system focuses on issues involving the federal government, foreign affairs, and relations between the states. Conversely, the state legal system focuses on matters state specific matters such as education and healthcare. Two areas, however, where the state and federal legal system often interact and occasional collide is immigration and crime. The 2012 Supreme Court case, ...

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 ...

I believe the two technological devices chosen were good examples of items that would typically be of interest in any search and seizure procedure where crime could have been committed using electronic devices. Internal hard drives and USB drives are the primary memory banks for saved items on a computer, thus becoming very important if police or work administrators believe wrongdoing was committed using a computer. I agree with the reply stating that a crime scene or area surrounding the electronic equipment in question should be contained to prevent any tampering of evidence. The writer should have mentioned much ...

Abstract

The United States Bill of Right is scattered in several Amendments of the Constitution due to the progressive developmental history of the U.S law and Constitution. Each amendment either introduced a new right or enhanced on the existing one. Of essence to my discussion, however, is the Due Process Clause was introduced in the American Bill of Rights by the Fourth Amendment to the U.S Constitution. As per the Amendment, no state should deprive any person his or her life, liberty, or property without following the due process of the law. In the Fifth Amendment, a similar stand was ...

Introduction

When operating within the healthcare industry, it is important for health professionals to adhere to a set of legal and ethical standards that define their connection to the profession. The legal and ethical standards act as a set of rules that govern the overall performance of health professions with an aim of ensuring that they perform based on the expectations from their patients. However, one of the key challenges arising from these legal and ethical standards is that they tend to bring about a platform for conflicting expectations especially on matters associated the decision-making element. The perspective presented through ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

Introduction

The human resource management department in every organization plays an imperative role in ensuring the health and safety of every employee because they are a prerequisite of a safe and conducive work environment. Workplace security is viewed from two dimensions, namely the exposure to workplace violence as well as the physical factors that can cause harm to the staff. The organizational management should ensure compliance with the standard safety and health measures to avoid legal consequences as described by the government legislation. This paper seeks to establish security and health measures that the management at Beer store should adopt ...

<<Student Name>> <<Professor Name>> <<Course Title>> <<Date>>

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.

...

Chapter 6

Question 1 There was one occasion when I made my opinion quite quick, without evaluating the evidence. It was about the news of the war in Syria. I was watching the most popular international news channels, and they were broadcasting people in Syria. According to them, people were complaining about their government. It was at the beginning of the war. The news conductor who was there in Syria said that they were complaining about their government and wanted a change. They showed images of people on the streets with pamphlets and flags singing songs. Of course, I could not ...

The issue concerning cell phone searches is whether it is constitutional for law enforcement officers to conduct incidental searches on people’s phones without a search warrant. Search warrants should be required when looking for cell phone contents. This is because, as Hoogstraten argues, people have reasonable expectation of privacy that outweigh the government’s interest in enforcing the criminal law (p. 911). However, there should be no blanket requirement for police officers to obtain search warrants before they can search suspects’ personal effects. This bright-line rule provided by the Fourth Amendment needs to be given a broad, flexible ...

If the police tap into the local telephone exchange of AT&T to know when a certain phone number becomes active with users without a warrant, the case will face a very difficult suppression motion. There is a safeguard against such processes; the Fourth Amendment. Hypothetically, if the police attempt to stake out a suspect’s location and try to get information whenever someone makes a call from the property, a warrant becomes mandatory. However, it is surprising the courts find that a warrant is unnecessary. The interpretation of the law should coexist along with the context in order to ...

The world is now in the digital age and every person on this planet leaves a digital footprint. The criminal world is also keeping up with the times by utilizing various technologies to run its enterprises. However, most often, law enforcement professionals fail to differentiate the reality of changing times. The Supreme Court usually serves as the medium to intervene on behalf of the US Constitutional Amendments and it used the 2014 case of Riley v. California to educate law enforcement on certain important matters. A cellphone is not just a calling device anymore. The phones can store photos, ...

With the fast advancement of technology, most industries have had to catch up, including the law sector. The issue of search warrants on phones has come up in multiple cases as mobile phones have become trendy. However, there are cases that set precedence to the rulings that judges follow today. There is a need to establish under what circumstances a person’s phone can be searched without being viewed as a violation of their privacy. In some cases, phone searches are important in getting justice for the victims, especially being that this is a common mode of communication and ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

Introduction

The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes ...

Responses

Daryl: I can understand where both sides are coming from. Officers hand a variety of calls while they are working, and can maintain an air of professionalism that may even come off as cold while they are responding to a victim. Moreover, some officers are unprofessional, and have a God complex, allowing their personal views to dictate how they handle a call. To a victim, however, it is always personal. An officer, depending on how long they have been working that night or throughout their entire careers, may have seen hundreds of domestic abuse calls and may be a ...

Finance is a vast area of discussion that requires one's dedication and interest to understand it better. Under finance, there are major issues like corporate financial policy which has a lot to be studied. The corporate fiscal policy is defined as an innovative corporate finance course that mainly touches on equity and debt management, for example, the descriptions of types of debt and equity, distribution policy and security issuance, for instance, the design of capital structure and securities that controls information problems. The sub-topics in securities and financial policy can be discussed in details as below.

Debt and equity management.

Debt and equity ...

Everyday police work tirelessly to ensure that our streets are safe from criminal offenders. Therefore, different programs are applied to ensure that law and order is upheld. Three common programs; zero tolerance policing, community policing, and problem-oriented policing have thus been applied in various occasions by the police to deal with the law breakers. Zero tolerance policing has plenty of similarities to share with COP and POP and at the same time, there are some differences.

Similarities between Zero Tolerance Policing and COP and POP

Though zero tolerance policing, POP, and COP apply different strategies in executing their services, the biggest similarity they share is that they are ...

The “exclusionary rule” is one of the most important elements of United States criminal procedure law, but it is not found in the Constitution. Indeed, the exclusionary rule is a court created procedure that allows a judge to declare inadmissible any testimony or evidence presented at trial that was result of or otherwise obtained in violation of the Bill of Rights’ Fourth, Fifth, or Sixth Amendments. In other words, while the basis of the exclusionary rule is the Constitution, it is not a constitutional right. Rather the exclusionary rule was created as a means for the court to prevent ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

The paper highlights six prominent cases of their time and causes of seizure and warrant of these cases. The facts involved in cases and courts ruling in making decisions are explained in the paper. It focuses on Mapp v. Ohio, Terry v. Ohio, Tennessee v. Garner, Carroll v. U.S., Graham v. Connor, and U.S. v Leon. According to the 4th amendment of the U.S. Constitution, people have the right to feel secure in their homes and without proper court consent police should not be allowed to breach their personal property. Furthermore, a search warrant is to be issued by ...

The Fourth Amendment is part of the United States Constitution. It protects citizens from unlawful situations and offers guidelines that must be followed in the criminal justice system. The Fourth Amendment allows people to be safe in their homes and their personal belongings to secure as well. This means that a person should be able to do as they please in their home without the legal system coming into the home. If a warrant is issued and signed by a Judge, then this gives the authority the right to enter a person’s home and search for items. “The ...

Introduction

According to the Federal Bureau of Investigations, organized crime is any organization having some sort of formal structure with the main objective of making a profit through illegal activities. The groups typically maintain their position in society through the uses of violence, bribery, and extortion and have significant impacts on the development and security of a nation. It is therefore very critical to control organized crime so as to reduce its local, national, and regional impacts.

Problems Created and Relationships Established by Organized Crime

In recent years, organized crime has shown increased capability in adapting to rapid changes in the economic, political, and social spheres (Mezoul, 2012). ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Jakubowicz v. Dittemore, 2006 U.S. Dist. [W.D. Mo.]

Prior to the trial date, the parties informed the Court that they wished to present their evidence in writing. Part of the evidence included the depositions of the Director of Facility Operations for DMH, Felix T. Vincenz, and that of the Deputy Director of DMH, Linda Roebuck. They also wanted to present in writing, various terms that the parties had adopted. The Plaintiffs also presented a memo that was dated April 6, 2005, which was marked exhibit A. Schuffman who had addressed the Memo to all DMH employees had sought to ...

Internet Wiretapping

The ability of the government to mandate the creation of software that can intercept and unscramble messages that are encrypted and the capacity to serve wiretap orders on social media sites like Facebook and Skype may have raised concerns twenty or thirty years ago, but today, such an expansion of law enforcement power is necessary to protect the ever-changing technologically advanced society in which we live today. The invasion into privacy through the use of internet surveillance must be weighed against the security of the nation. With the requirement of warrants, and merely an expansion of authority already existing ...

I MIKE LARSON state under oath that: I have been a special Agent of the police station located 450 110 Ave NE, Bellevue, WA 98004 for approximately five years. I have the necessary authority to carry out investigation of crimes involving theft. All the information that I submit in this affidavit is a consequence of the investigations that I have carried out and communicated to me by other officers involved in the investigation. I have compelling reasons to believe that there is probable cause to issue a search warrant for the vehicle belonging to Joe A. and identified as ...

The right of Americans to individual privacy has increasingly become an issue of national significance. Partly due to leaks of the National Security Agency’s (NSA) surveillance program by government contractor, Edward Snowden, American citizens’ basic right to privacy has become a subject of national debate. Not only is privacy a Constitutional Right, the right to privacy is a fundamental human right that no government should violate. Through these lenses, federal surveillance for national security purposes, invasive laws that affect our bodies, and telecommunications monitoring should be called into question, and rescinded. The US Constitution’s Bill of Rights ...

The Fourth Amendment protects citizens from unlawful search and seizure of property without a warrant. The aim of the amendment is to make sure that the law enforcement agencies do not overstep their mandate when executing their duties. Additionally, the amendment is meant to ensure that the citizens’ right to privacy is protected. The Mapp v. Ohio case brought out some fundamental facts regarding the Fourth Amendment. The Supreme Court ruled that the law enforcement officers breached the Exclusionary Act, which is contrary to the spirit of the U.S Constitution. The evidence used against Mapp was obtained illegally; therefore, ...

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 ...

Reasons for Using Diversion in the Criminal Justice System

Diversion is an attempt by the criminal justice system to divert or channel out offenders from the justice system. The program is normally executed by the police departments, the court systems, and the attorneys who want to have the offenders evade the charges in which they are responsible for. Some of the problem solving courts usually uses the diversion technique to try and have the criminals solve the case out of the court (Quay, 1977). The Diversion program is usually used for a number of reasons. In most cases, there are two types of diversions: the formal and the ...

Introduction

The United States government has the mandate of ensuring the security of the nation by developing and implementing legislations that promote the safety of all citizens. Numerous cases of insecurity experienced in the country over the last few years stretching from drug and human trafficking to terrorists have made the federal government more concerned about the future of the country regarding securing her citizens. Terrorism brings more concerns in the area of homeland security among many security threats facing U.S. The priority of the U.S. Department of Justice is to prevent future terrorist attacks in the country. September 11, ...

Visitors’ Perception on Westminster London as a Sustainable, Responsible, and Environmental Friendly Destination

Referencesp.41 List of Figures Figure 1. Findings from the questionnaires Figure 2. Finding for three sections of sustainability, responsibility and environmental friendliness Figure 1.1. Sustainability Figure 1.2. Responsibility Figure 1.3. Environmental friendliness Abstract Sustainable tourism is one of the rising trends in the tourism industry. More and more stakeholder groups are starting to realize the importance of their assets. One of the best ways to preserve tourist destinations (i.e. the assets) is to promote sustainable, responsible, and environmental friendly tourism management. Unfortunately, engaging in those kinds of practices and operations can be costly. Most tourism industry firms are still ...

There have been far too many headlines lately regarding a dangerous phenomenon that has become all too common. Police Officers caught in the act of treating suspects in abusive, inappropriate and lethal ways without any reasonable provocation. This shocking problem has existed for some time, but as technology increases and video is difficult to avoid, it is now only making it to the general public. Instances like these have inspired horror, anger, protest and, in many cases, retaliatory violence against random officers. The people all across the United States are losing their trust and faith in their police forces ...

Phone encryption is a temporary way of securing the data on a mobile device. Data can be lost or tampered with when the phone is lost, damaged or stolen. When the phone gets into the wrong hands, the data and information can be transferred and wrongly used. When a phone is encrypted, the contents and information are turned into cipher text. Anybody trying to read the information cannot read it (Ciriani, et al. 6) When the phone is returned to the owner, the same method that was used to encrypt the phone can be used for unlocking the phone ...

The giant technology company, Apple and the Federal Bureau of Investigation were involved in a fight that gathered attention from all over the world. The standoff regards the breaking of an encryption of the terrorist responsible for the San Bernardino attack. The government claimed that unlocking the phone was important in their investigation of the family and the terrorist group he may have been involved in. Apple declined the request to create a backdoor for the encryption since it would be a violation of privacy. However, the government would consistently insist that it would use the backdoor tool only ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

An analysis of how the criminalist in Ted’s case handled the evidence and whether it was positively or negatively involved in the outcome of the case Voelker & RDH (2012) proclaims that the investigators obliged that Bundy to offer a dental impression to aid in the investigation but Bundy refused. After sometimes, the criminalists were granted a search warrant to get the impression in any possible tactic. A disclosure trip was orchestrated to hinder Bundy from grinding his teeth to hide his bite. The initial scar was photographed and a clear overlay created. Voelker & RDH (2012) addresses that the ...

The movie “Training Day” captures certain aspects of corruption and unprofessional conduct of a Narc officer in the Los Angeles Police Department (LAPD). There are several instances of unscrupulous behavior by police officers. There are nineteen incidents of misconduct and two limitations shown in the movie. The incident leading to the unfortunate turn of events only finds mention in the movie. The Narc officer kills a member of the Russian mob and has to make a restitution by midnight to save his own life. The events portrayed in the movie involve the conspiracy played out by the Narc officer ...

According to Aristotle, common sensibles are the properties of the objects we perceive with several senses. Through common sensibles humans are able to apprehend the shape and size of objects, the number of them, whether they are in rest or in motion. Incidental perception means that one perceives an object and is able to define its properties, but at the same time is not able to correctly identify what an object is. A pale thing one perceives may be the son of Diares, but it may as well not. In this case pale is a quality that can be ...

Introduction

Counseling can help people resolve issues in their lives in various ways. However, not all therapies or techniques of counseling will work for every individual. Therefore, it is essential for counselors to understand client needs in order to determine what technique will result in the most effective outcomes. Individual counseling and group counseling are the most popular and commonly used counseling techniques (Jacobs, Masson, Harvill & Schimmel, 2012). Individual counseling is a one-on-one therapy session in which a personalized approach is utilized in guiding and treating an individual. On the other hand, group counseling happens when a counselor works with ...

In the case of Hope vs Pelzer there was inconsiderate interventions made in the treatment of a prison inmate by prison guards who treated the inmate inhumanely as he was subjected to a variety of conditions that subsequentially led to the case. The case in point involves the treatment shown to Larry Hope and the violation of the Eighth Amendment rights. The main facts of the case include that he was handcuffed to a hitching post, additionally other case facts include the facts that he was placed in leg irons after tussling with prison officers and later chained again ...

I. Introduction The Fourth Amendment prohibits the government from conducting “unreasonable search and seizures” on the public. While reasonableness depends on the circumstances, such whether the act is a search or a seizure, the United State Supreme Court has, nevertheless, determined that a reasonable governmental search or seizure of a person occurs with a warrant or probable cause of criminal activity (Miller et al., 2012). Absent a warrant or probable cause, a search or a seizure can still be reasonable if it satisfies one of a number of exceptions to the general rule. Accordingly, in the cases of Betsy ...

The United States has one of the most complex and fascinating criminal justice systems in the world. The reason that the United States has such a unique criminal justice system, is that the founding fathers based their principles from superior legal frameworks around the world. For example, the founding fathers were known for looking to English, French, and other European Legal Frameworks, (The United States Constitution). Additionally, the founding fathers thought to their education of Roman Law and the laws of Ancient Greece, (The United States Constitution). For this reason, the United States has a unique array of principles ...

Part 1: Research Proposal

Introduction The Constitution has always protected the privacy of citizens, but the increased advancement of technology is becoming a threat. Technology is threatening to redefine the privacy of individuals for it to operate efficiently. One of the inventions that have collided with the individual expectations of privacy, which are protected by the Fourth Amendment, is drones. These devices can be used for surveillance (especially against terrorism) and aid in the achievement of the requirements of the Patriot Act. The drones can capture high-resolution images and videos from a distance and transmit them to the source. The American citizens fear ...

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 ...

What is Generalized Anxiety Disorder?

Quite often, people experience anxiety when faced with a difficult situation, and the anxiety ends once the situation is resolved. Occasional anxiety is a common phenomenon that people face especially before undertaking tasks for which they have little confidence in accomplishing. Besides, whenever confronted with the need to make important decisions, people tend to experience anxiety over the possible consequences of such decisions. In general, anxiety occurs when one is facing a difficult situation, has to make a difficult decision, or is about to carry out a task that one has no confidence in accomplishing successfully. In all these ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

Throughout history, prison and the extent of punishment has always been an issue that is debated among nations because it is always critical to assess whether the punishment does in fact fit the crime. There are varying scholarly opinions as to whether prison is the effective punishment in many cases. Particularly in prior eras, prison could be a simple offense or extreme and a man could be imprisoned regardless of whether they were innocent or guilty without a fair trial. Particularly to avoid this, the United States designed its constitutional framework in order to avoid unjust imprisonment that was ...

Introduction

Criminal law and even general law enforcement have several rules and regulations that are implemented in order to procure a more stable and relatively just and safe environment for the people of a country. The Constitution allows several statutes which determine how criminals and deviants are supposed to be treated. This is important so that their treatment and procedure of treatment serve as a deterrent for the rest of the people, and they are able to understand how truthfully justice has been served. There are several domains of this procedure as described in criminal law and comes under search ...

Katz v. United States, 389 U.S. 347 (1967) Privacy issues remain one of the key issues in criminal law and entire legal justice system. Katz v. United States, 389 U.S. 347 (1967) is one of the famous cases that highlights the nature of the right to privacy and provides legal definition of a legal search. The court’s ruling refined the former definition of the legal search and legal seizure clauses of the Fourth Amendment to consider infringement with any kind of communication technology as a search (Brandon Garrett, The right to privacy (Rosen Pub. Group) (2001) (Garrett, 2001). ...

Introduction

Before this case of Mapp v. Ohio, it was inadmissible in a federal court of law to use evidence that had been obtained in violation of the 4th amendment, if federal officers had obtained that information. On the other hand, in a state court, law enforcement officers – whether federal or state - could take evidence seized in violation of the amendment and present it to the state courts. As a result, someone could be prosecuted criminally in state courts based on evidence acquired in breach of the 4th amendment. Mapp v. Ohio is a benchmark case that led to ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

Surveillance is the process of monitoring activities, behavior or other information that pertains to people. The aim of surveillance is to influence, manage, and protect the well-being of the same people being monitored. Surveillance may occur in different forms such as observation of a person from a distance using a camera or a CCTV. It may also go beyond camera to involve interception of transmitted of information such as phone calls and internet, the act perfected by government agencies. Further, surveillance may take the form of low-technology methods like human intelligent agents and postal interceptions. The word surveillance emanated ...

Legal research

Introduction Every business should abide by the business laws to remain competitive and relevant. Particularly, concepts surrounding the law of contracts, torts, and employment law guide most conflicts occurring in businesses today. However, businesses are faced with challenging situations that require precise understanding and interpretation of different commercial case laws and concepts. The lack of understanding of these basic concepts may cause businesses to suffer legal consequences arising from frequent litigations (Singh, 2007). The current paper analyses three events that happened at Wicked Theatres Group Ltd.’s theater. In doing so, the paper sheds light on the legal principles ...

ANALYSIS OF CUPP V MURPHY

ANALYSIS OF CUPP V MURPHY

Observation The police acted in the right manner by conducting a search for physical evidence on Murphy without his permission for the suspect acted in a suspicious manner. Letting Murphy go without conducting a test on the evidence on the finger nails could lead to a possible destruction of evidence. The police thus acted against any case of destruction of evidence.

Fine point

The police conducting a search for physical evidence from the suspect without the suspect’s permission was found to be unconstitutional. However, circumstances that may lead to destruction of evidence forced the police ...

Critical Thinking Skills Applied to Real Life Problems

Critical Thinking Skills Applied to Real Life Problems

Introduction

The challenges of modern life pose many problems in one’s daily life and increasing standards of performance and competitiveness in both personal as well as professional spheres of life present people with different issues and problems. The basic and simple problems are also usually compounded by the faulty thinking and perception of those involved in the thinking process surrounding a situation. The inequality of opportunities and lack of level playing field usually translates into challenges at work and in personal life, which if not overcome within a reasonable span of ...