Assante Case: Cheating V. 555 US

Hamilton’s case, we notice that if the court deems the “good cause” law a presumptively constitutional statute she will have no Second Amendment protection afforded to her. Furthermore, if this case is followed as precedent the court may deem that the “good cause” requirement may pass the appropriate level of scrutiny. The court may search for a clear and substantial government interest that justifies the good cause requirement as the court did in Drake. In addition, the court may rule that the Second Amendment does not apply to concealed carry outside of the home, thereby dissolving any argument that Ms. Hamilton could produce.

"The defination of what constitute a "search" within the emaing of the fourth Amendment was, until 1967, closely tied to property law concepts. police action whould deemed for a search if it consituted a commin law trespass." (Katz vs. United states) evidence can not be suppress if law enforcemnt sees criminal activity. during the Katz v. United States the government "intruted as the "univited ear". This case brought the fourth amendment into a modern era.

An officer could physically search the cell phone and it 's case for weapons, such as a razor blade. The State countered that the suspect 's cell phone could be used to call associates to aid him, which would affect officer safety. Allowing the officer to search the cell phone without a warrant might give him/her warning that someone is coming. On the point of protecting evidence from concealment or destruction, Riley argued that once a cell phone has been seized, there is no need for the officer to search the digital contents to protect it. The State countered, saying that the data on a cell phone, when in custody of police, is subject to

According to Wolf v Colorado (1949) wolf’s attorneys case was that since the evidence that was obtained and used against him in court was not lawfully obtained it should not be admissible due to the fact that if it was a federal case automatically it would not have been admissible. So it did not make sense that it would be different for the state courts. The case was controversial because the Fourth Amendment does not clearly state that the states must follow the due process law of the Fourth Amendment. “Unlike the specific requirements and restrictions placed by the Bill of Rights (Amendments I to VIII) upon the administration of criminal justice by federal authority, the Fourteenth Amendment did not subject criminal justice in the

This violated his fourth and fourteen Amendment rights. The courts made impermissible Use of the testimony even if law enforcement had reasonable suspicion. Rule of law: An individual cannot be brought to a police station and fingerprinted without probable cause or a warrant. The courts compared the cases of Davis v. Mississippi, 394 U.S. 721. (Investigatory detentions).

People against the Patriot Act believed it violated the citizen 's right to the Fourth Amendment; while others made a highly controversial point with the allowance for the FBI to make a procedure of any tangible things, including: books, records, papers, documents, and other items for an investigation against international terrorism (EPIC - USA PATRIOT Act (H.R. 3162). (n.d.). With access to tangible objects such as books and records, libraries felt the Patriot Act targeted them. Section 215 of the USA Patriot Act allows the government to secretly obtain library records without any reason to believe a person of suspicion are involved in any illegal activity. Furthermore, the primary source of the act wasn 't targeted towards libraries, but towards the consequences the terrorists would face for their acts of

The writ questioned “Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual’s cell phone seized from the person at the time of arrest”, SCOTUSblog.com; and it was granted on January 17, 2014 in part because Federal and State Courts had openly divided opinions over this issue. Riley v. California was argued on April 29, 2014 and a decision was made on June 25, 2014. The Supreme Court, under Chief Justice John G. Roberts, Jr. declared by a unanimous decision that a warrantless cell phone search violates the Fourth Amendment right to privacy. The court stated that the warrantless search exception (SITA) does not apply to this case because digital data store in an electronic device cannot be used as a weapon to harm officers. Although, the court recognizes that possible evidence stored on a cell phone may be wiped remotely, it also acknowledges that it could be avoided by disconnecting the cell phone from the network and placing it in a Faraday bag.

As it states on pg.5 “The person who is in custody and subject to interrogation must be advised of the rights referred to in Miranda v Arizona in order for statements made during the interrogation to be admissible against him or her at trial.”. The state argues that what he said was voluntary and that he was not under interrogation when he made the statement that he did about how much he had to drink. The sixth amendment states that one can’t incriminate oneself outside of Miranda rights. So anything said to the police or that the police have would be invalid because he wasn’t read and asked if he understood his rights. The fourth amendment guarantees the right to be secure against unreasonable search and seizure.

In the case of Mapp v. Ohio, the court extended the exclusionary rule to the states. Also, the cases illustrated the process of selective incorporation through the Due Process Clause of the Fourteenth Amendment. Justice Tom Clark held that the purpose of the exclusionary rule is to deter illegally obtaining evidence and to compel respect for the constitutional guarantee in the only effective manner. He also said that a federal prosecutor may make no use of illegally obtained evidence, but a state prosecutor can, but he must operate under the enforceable prohibition of the same Amendment. Justice Tom Clark also said, if the government becomes a lawbreaker, it breeds contempt for law (FindLaw, 2017).

Four dissenting judges believed that the full legal context of the Second Amendment should have been reviewed. Heller v. District of Columbia was brought into question for the dissent and how it addressed concealed carry restrictions. According to the dissent the Heller case ensured that the government was not to deprive its citizens of a constitutional right to carry firearms and that concealed carry extended beyond private property. In a separate dissent, Judge Silverman and Judge Bea argued that the near complete refusal of certain counties to administer concealed carry permits would fail to pass any form of scrutiny. The dissent also stated that, while statistically insignificant, concealed carry may not reduce the violent crime rates; however, they do not contribute to more of it.

And if those considered free of criminal involvement may nevertheless be searched or inspected under civil statutes, it is difficult to understand why the Fourth Amendment would prevent entry onto their property to recover evidence of a crime not committed by them but by others. As we understand the structure and language of the Fourth Amendment and our cases expounding it, valid warrants to search property may be issued when it is satisfactorily demonstrated to the magistrate that fruits, instrumentalities, or evidence of crime is located on the premises. The Fourth Amendment has itself struck the balance between privacy and public need, and there is no occasion or justification for a court to revise the Amendment and strike a new balance by denying the search warrant in the circumstances present here and by insisting that the investigation proceed by subpoena duces tecum, whether on the theory that the latter is a less intrusive alternative or

The information derived from those interrogations, under the exclusionary rule as it is applied today, would have been inadmissible due to them being obtained through the use of illegally seized evidence. Weeks v U.S. (1914) set the precedence for the exclusionary rule to be used in federal court cases. Mapp v Ohio (1961) set the precedence for the exclusionary rule to be used in state court cases. This ruling was retroactive for Wolf v. Colorado

McNeil, while filing numerous Petitions for Contempt, had a substantial justification for filing the same because he was denied visitation with his children, contrary to court Order which had not been modified or challenged by filing a petition timely. The Court notes that, although Mrs. McNeil was not found in contempt of this Court, Mr. McNeil had the right to challenge Mrs. McNeil 's actions. Given the context of the actions within the scope of this case, Mrs. McNeil was not found to be in willful contempt of this Court 's Orders. Mrs. McNeil had other avenues to act in the best interest of the children, i.e., file an emergency motion for modification of visitation; regardless of what she could have done, her actions contributed to the litigation. Thus, the petitions, as with all of Mr. McNeil 's filings after the September 2010 hearing, are found to have substantial justification in fact and law.

They could not agree on many aspects of the case, as two majority opinions and four minority opinions were filed. They explained that they made their decision based on the fact that the state of Florida violated the 14th Amendment by enacting a recount, the Equal Protection Clause specifically. This clause requires the federal government to respect, maintain, and uphold the legal rights of American citizens. Government cannot infringe on the civil rights of the people.

The case Florida, Petitioner v. Joelis Jardines questions whether a dog sniff at the front door of a suspected grow house by a trained drug-detection dog is a Fourth Amendment search requiring probable cause (American Bar Association). The canine is being used as the use of surveillance in the investigation. The case begins with an unverified tip that marijuana was being grown in the home of Joelis Jardines on November 3, 2006 (American Bar Association). On December 5, 2006, around 7:00 a.m., the Department and the Drug Enforcement Administration sent a joint surveillance team to his home. Apart of the team is Detective Pedraja, whom watched the house for fifteen minutes.