I would like to believe that people might be smart enough to realize if someone is keeping a track on them that they would keep a low profile so they don’t have another accusation against them. In order to
The officer did infringed Macdonald’s rights, something that the judges acknowledged but it was reasonable and made to prevent harm. The sentencing itself was to make the police power of safe search a more clear form of relationship regulation. The judges’ sentencing and logic was based on precedent and was quite objective and neutral, with no agenda involved. So, the R v. Macdonald case more or less fits with Liberal Legalism because the decision fits on its idea of individual liberty and the harm principle, they made their decision with relationship regulation in mind and everything they did was based on legal reasoning and precedent and thus
He appealed his case to the court of appeals. He argued that it was okay to falsify his claims, because he they were about him. He didn’t harm anyone in lying about himself. The court of appeals overturned his conviction because they thought the Stole Valor Act was unnecessary. That wasn’t the end of it.
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
Mere suspicion, reasonable suspicion and Probable cause are the three standard of proof in the criminal justice system. But Reasonable suspicion and probable cause are the standard proof used in Terry v. Ohio. Mere suspicion is when law enforcement officers suspect criminal activity based on a hunch without actual proof. In this case the officer started with mere suspicion when he saw the Terry and Clinton alternately walking back and forth and pausing to stare inside the store window.
Peter’s personal interaction of his political speech does not need to be taken into consideration. Here case law supports the school’s preemptive measures because the flag could be interpreted in a racial way that can cause a foreseeable issue. Adding to this, the second case, Scott v. School Board (2003), argued in the 11th circuit court that one cannot ban political speech if there is no prior recording of significant issues with this speech. However, it was found that even a single instance of racial problems or significant racial tension is grounds to claim a reasonable forecast of problems. Again, the ruling is relevant to the 7th circuit court because the arguments still bring up valid points that could
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.
First, the pro viewpoint is Stand your Ground laws allow citizens to protect themselves and their property without fear of prosecution. For instance, the law is effective; it is just misunderstood. Bradford Cohen, a past president of the Broward Association of Criminal Defense Lawyers, and
After doing my research with these three articles I 've come to a conclusion that stops question and frisk is very effective. As much as it does not reduce crime it provides a sense of safety to the officer when he stops the pursuant. A police officer should have a reasonable suspicion to stop and frisk his pursuant. According to the article, The right to investigate and New York "Stop and Frisk" law " Mere suspicion is not enough but the knowledge and experience gained by trained officers should be considered by the court in determining if there was a reasonable caused"(235). According to Stop and Frisk (A Case Study in Judicial Control of the Police) by Herman Schwartz, " the power to search, the New York "stop and frisk" statutes provides temporary questioning of a person in public places search for a weapon"(434).
An exaplple of n the fourth amendment was being violated is the case, Burdeau v. McDowell, 256 U.S 465, 475 (1921) is the case that stared the debate of public and private searches. this case is about a privtae person enterning and searching McDowell 's office. he seized specific papers and turned them over a public prosecutor who wantted to use it in court. Since eveince was not a pursuant and the government did not play a role in the prcoess of the searcha nd seizure the court ruled for the papers to be returned.
In the scenario, a community corrections officer subdues an unruly offender who is in custody by spraying mace on the offender, and it also affects another alleged violator in an adjoining area. The Eighth Amendment of the United States Constitution states that there should not be any cruel or unusual punishments inflicted (U.S. Const. amend. VIII). Based on the facts in the scenario, I do not believe that the offender in custody or the alleged probation violator waiting had their Constitutional rights violated.
The Supreme Court cited the Fourth and Fifth Amendments to justify their ruling. The Fourth Amendment provides an individual protection against unreasonable search and seizure, but it itself was not binding enough to negate the use of illicitly acquired evidence in a criminal case. Though, when combined with the Fifth Amendment, an Amendment that provides protection from self-incrimination, the use of this type of evidence is considered unconditional. (Laws)
Mr. Meeks had received the proper assistance legal assistance in the court hearing. Mr. Meeks denial for continuance did not violate his right due to the defense already cross examining the witness. The 911 call also didn’t not violate Mr. Meeks rights because the tape was valuable to paint the picture of the scene to the jurors at the time of the shooting. Mr. Meeks claims insufficient evidence to convict for first degree murder and he claims it was at the heat of the moment he shot Mr. Green. The evidence was there, Mr. Meeks sought out to look for Mr. Green challenged him to fight, when Mr. Green wanted to stop Mr. Meeks brandished the hand gun and shot at him not once but six times.
The police and the prosecutor acted in an unreasonable and legally reprehensible way when they omitted to put Clint into custody, while being fully aware of how great the risk of the harm to Anne and Bernice eventuating was, and what the gravity or seriousness of the harm was likely to be. A delict (wrongful conduct) is the act of a person which, in a wrongful and culpable way caused loss (damage) to another. There is a causal connection between the police and prosecutor not putting Clint in custody, and Anne being assaulted. Had they put Clint in jail, Anne would not have been assaulted by
In a decision made by the United States Supreme court, it was decided “that motor vehicles deserve a reduced expectation of privacy (Atkinson, 2011). This decision is in response to the Fourth Amendment to the U.S. Constitution which states that “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.” The case of Elliot Watson delves into why no warrant was needed to search the trunk of his car. The arrest of Mr. Watson and the search of his vehicle were valid.