Facts
In the late evening hours of October 30, 1992, Terry Toops, Warren Cripe, and Ed Raisor were at Toops’s home in Logansport, Indiana, drinking beer. Around 3:00 a.m. the following morning the trio decided to drive to a store in town. Because he was intoxicated, Toops agreed to allow Cripe to drive Toops’s car. Toops sat in the front passenger seat and Raisor sat in the rear. Toops began to feel ill during the drive and stuck his head out the window for fresh air.
Sheriff’s Deputy Michael Day and Town Marshall Gary Layer were on routine patrol when they observed a person later identified as Toops hanging out the car window. The officers decided to investigate and made a U-turn to follow the car. Cripe saw the patrol car turn around and
…show more content…
The officers overtook the car and noted that Toops, whom they had originally seen hanging out of the car window, was now seated behind the steering wheel. The officers also noted that Cripe and Raisor were seated in the back seat of the car. At the officers’ request, Toops submitted to a breath test that revealed a BAC of .21%. As a result Toops was arrested and charged with various alcohol related traffic offenses. He was also charged with Criminal Recklessness, Operating a Vehicle Without a Seat Belt, and Driving Left of Center, all of which the State dismissed prior to trial. Toops was convicted on all remaining …show more content…
Application/Analysis:
However because no Indiana case has specifically set forth the elements of the necessity defense. In that regard we agree with the Californian count’s holding People v. Pena (1983), 197 Cal. Rptr. 264,271, that the following requirements have traditionally been held to be prerequisites in establishing a necessity defense (The Rules)
Assignment 6: Tinker v. Des Moines Ana M. Greenwood University of Texas Rio Grande Valley Tinker v. Des Moines In December 1965, thirteen-year-old Mary Beth Tinker was a high school student in Des Moines, Iowa. During that time, a group of adults and students gathered to declare their opposition to the conflicts in Vietnam. To protest, the group agreed to wear black armbands during the Christmas break (Iannacci, 2017). Tinker and a group of students decided to take this protest and armbands to school to school as well.
Facts: Rudy Stanko was driving on the Montana State Highway 200 when he was pulled over by Officer Kenneth Breidenbach, a member of the Montana Highway Patrol. Stanko had been driving his vehicle at a steady 85 miles per hour at a location that was “narrow, had no shoulders, and was broken up by an occasional frost heave.” This location also included curves and hills which obscured vision of the roadway head. The actual roadway held no other drivers at this time during the day. Stanko had been driving his new 1996 Chevrolet Camaro, with brakes, tires, and a steering wheel that were all in perfect operating conditions.
David Leon Riley, a gangster who is in the Lincoln Park Gang in San Diego, CA was involved in a rival gang shooting. The rival of Riley’s gang shot at the Lincoln Park Gang and then got into Riley’s vehicle, stole it, and drove off. Riley had his cell phone in his possession when he was apprehended. So a detective analyzed the videos and photographs of Riley making gang signs and other gang indicia that were stored on the phone to verify whether Riley was gang affiliated. On August 22, 2009, the police pulled Riley over which he was driving a different car which later they found out that he was driving on expired license registration tags.
Summary: On April 18, 1938 Jack Miller and Frank Layton were arrested by police when they attempted to take an unregistered sawed-off double barrel shotgun from Claremore, Oklahoma to Siloam Springs, Arkansas. Transporting a firearm that has a barrel under eighteen inches over state lines is not registered and has no stamped paperwork violates the National Firearms Act of 1934. The NFA was a, "revenue act, levying a $200 transfer tax on all covered firearms"(NYU Law, 61). This was a useful tax during this time because it helped control the gangsters from acquiring machine guns(NYU Law, 61).
Dennis Maher was arrested in November of 1983. He was charged with attempted rape and assault with a deadly weapon. He was walking down the street when he was stopped, searched and charged with possession of marijuana. Maher was then taken into the police station and held for questioning. The detectives asked him questions such as “what time did you get home, “where were you.”
A landmark Supreme Court case known as Tinker v. Des Moines was argued on November 12, 1968 and decided on February 24, 1969. The parties involved in the case where the plaintiff, the Tinker family and the defendant, the Des Moines Independent Community School District located in Des Moines, Iowa. The issue or focus of the case was the extent of the first amendment to students on school grounds and whether or not the school district acted in accordance to the constitution when prohibiting the use of armbands as a symbol of speech. Petitioner John F. Tinker, his sister, Mary Beth Tinker, and his friend, Christopher Eckhardt, attended public schools in Des Moines, Iowa where they wore black armbands as a symbol of protest against the government’s policy or involvement in the Vietnam War. The Des Moines School District had become aware of the planned protest and created a policy against it on the 14th of December.
C. Precedent The law is unconstitutional not only due to the meaning of the text itself, but also from many cases of precedent. District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) have already established the importance of the Second Amendment, but there are other cases as well that back up the courts decision claiming the ban on carrying a concealed weapon is unconstitutional. In Bliss v. Commonwealth, 2 Litt. 90, (KY 1822), established that the right to bear arms was for defense against themselves and the state. This case consisted of a man carrying a concealed weapon in his cane and it is similar to the one in which we face today.
Our First Amendment within the United States Constitution protects our freedoms of speech, press, and assembly, which are umbrella terms for our right to protest, among others. We, as american citizens, have the right to protest whatever we choose,whether it be a television program, a new law that has been passed, or in the Snyder v. Phelps case, deceased veteran funerals. Marine Lance Cpl. Matthew Snyder’s family filed a lawsuit against the Phelps family and their followers, otherwise known as the Westboro Baptist Church, who the Snyder 's felt intentionally inflicted emotional distress whilst picketing Matthew Snyder’s funeral. The United States Supreme Court determined that speech in a public space, cannot be liable for any emotional distress,
Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
Use of force is the amount of force used in a given situation during police work. The police are supposed to follow the continuum when it come to using force. This continuum is known as the “Use of Force Continuum”. Despite this, use of force is still a constant problem in policing. There are many cases where a cop are sued for using more force than necessary, sometimes on purpose and sometimes by accident.
2. Predicate Acts The De Sole and Howard Plaintiffs have alleged predicate acts of mail and wire fraud, in violation of 18 U.S.C. §§ 1341 and 1343. In addition, Howard alleges false labeling of visual art, in violation of 18 U.S.C. § 2318, as a predicate act. Hammer argues, however, that Plaintiffs have not alleged that Hammer committed a predicate act and, in particular, have not alleged that "Hammer used the mail or the wires for the purpose of executing the alleged scheme."
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
On December 24, 1968, a 10-year-old girl named Pamela Powers went missing in Des Moines, Iowa. Henry Williams, who had recently escaped a mental hospital, was seen carrying a “large bundle wrapped in a blanket” into his car. Without anyone being able to see what was in the bundle he drove 160 miles east of Des Moines where he abandoned his car. Henry Williams called a lawyer named Henry McKnight, who then informed officers that Williams was going to turn himself in. From the Des Moines Police station McKnight called Williams to inform him that two Des Moines Police officers will be driving to his location to pick him up.
There is no one name for the case of Frank Abagnale. He was tried in France, Sweden, Italy, and then finally the United States. Therefore, it is reasonable to call the case The United States versus Frank Abagnale. He was accused of bank fraud, identity fraud, and professional con artist. A great criminal always starts young.
Throughout the whole investigation of the Gail Miller rape and murder case there were many wrongs committed leading up to the false conviction of David Milgaard. The authorities were pressured by the public and other groups to convict someone of this heinous crime and in doing so this action of theirs put an innocent man behind bars for twenty-three years. Right from the start of the investigation there were faults and incorrect procedures perpetrated by the police. The events that took place leading up to the conviction of Mr. Milgaard demonstrate just how sloppy the investigation took a turn when the police became lax in their investigational procedures.