The complaint states that on October 14, 2016, plaintiff Kirk Thompson, a UPS driver, delivered a box to defendant Eleanor Lewis at her single-family home in White Plains, New York. When Mr. Thompson placed the box on the front stoop and rang the doorbell, he heard Ms. Lewis’s dog barking and scratching the other side of the door. Mr. Thompson then walked back to his van when he heard a female voice behind him instructing him not to move. As Mr. Thompson turned around, Ms. Lewis’s dog, Simon, bit him on the arm, requiring surgery for Mr. Thompson and him missing six months of work due to his inability to drive.
a) The police had conducted due investigations including a background search on the ownership of the premises and the vehicle that was being used by the suspects. The background search results corroborated the unidentified police informant’s accounts on the suspect’s identity. Thus the police had probable cause to believe the suspects were involved in criminal activities. b) Based on CRI-2 account of the activities of Mildred, and the background check by affiants, their inference that Mildred was in fact involved in illegal activities was indisputable and as such the affidavit satisfied the test of reliability and the judge needed no further or extra information to issue the search warrant. c) The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.
custodial interrogations do not need to be recorded to satisfy the due process requirements in the United States. Moreover, there were seven police officers that testified one of which was not even part of their Department so it stands to reason that it is unlikely that seven officers would attempt to circumvent the law. However, it should be noted It is believed that there should be a remedy to the law as the recording of evidence allows for a quicker and more effective examination of the interrogations and better protect the rights of citizens. “An exclusionary rule is a drastic remedy. I believe such a drastic remedy should be applied only after a full hearing of all the policy implications and with adequate notice to law enforcement.
Plaintiff avoids colliding with a barrel race marker that was wrapped with orange padding. Moments later was struck by another snowboarder, David Doolittle where he sustains further injuries. Plaintiff claims Ski Lodge Resort failed to caution about the
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
ARGUMENT I. The District Court erred in denying the Motion to Suppress because the evidence obtained from Assante’s personal laptop resulted from an intrusive, non-routine border search conducted without reasonable suspicion. The Fourth Amendment protects “[t]he right in people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . .”U.S. Const.
An EMTALA Case Mary Carnahan HA 301 Legal Aspects Legislation in Health Care March 17, 2016 Introduction This research paper is about a case law for a federal appellate circuit for an EMTALA case. Describe the case and the EMTALA requirement(s) at issue. How does it relate to the professional standards a medical professional must follow?
If body cameras ever become a standard across the police force, many lawyers will attempt to discredit them in any way. Also in some of those trails were a police officer is questioned about his conduct ever past situation will get scrutinized. “When a police officer is accused of something will lawyers have the right to subpoena years of camera footage looking for anything problematic” (Tabarrok 2015)? Could you imagine if this system was in place around the O.J. Simpson trial?
Oddie Shoupe, a Tennessee sheriff has recently been sued for proudly stating to his fellow officers that he loves to kill people (foul language was used) right after they shot and killed a man by the name of Michael Dial. Shoupe made this explicit statement under the assumption that his men’s body cameras were turned off and in the trunk of their squad cars. Fortunately, one of the cameras managed to record the audio. The issue at hand is that body cameras are definitely needed, police dishonesty and brutality is a top issue in the world and if body cameras are used, American citizens and the world in general can rest a little easier. Body cameras can help secure evidence in court, keep the police honest to the citizens, and shed
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
The process of a deposition begins with a subpoena being issued to the individual (deponent) to appear at an appointed time and place to testify under oath. During this process, attorneys for both the plaintiff(s) and defendant(s) are present and the