Use of Stingrays by Law EnforcementThe Use of StingraysStingray technology is a type of cell phone surveillance device used by law enforcement to track suspects. It works by mimicking the signal of a legitimate cell phone tower, causing all phones in the area to connect to it, allowing law enforcement to capture information such as location and call data. Once connected, they can monitor the activity of these phones, such as calls, texts, and location (Pell & Soghoian, 2013). This type of surveillance has been used in numerous criminal investigations, including drug trafficking and terrorism. Thus, stingrays have become increasingly popular with law enforcement due to their high accuracy and low cost.Stingrays are often used to locate suspects who may be on the run. By tracking the location of a suspect's phone, police can narrow down their search area and make it easier to apprehend them. They can also be…...

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References

Boyne, S. M. (2016). Stingray Technology, the Exclusionary Rule, and the Future of

Privacy: A Cautionary Tale. W. Va. L. Rev., 119, 915.

Pell, S. K., & Soghoian, C. (2013). A lot more than a pen register, and less than a

Fourth Amendment Violations
4th Amendment Violations

Fourth Amendment Violations and Recourse

The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.

It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set the precedent that any evidence obtained from an…...

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Works Cited

Bivens v. Six Unknown Named Agents, 403 U.S. 38. Supreme Court of the United

States. 1971. Findlaw. Web. 6 Dec. 2012.

 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=403&invol=388 

Mapp v. Ohio, 367 U.S. 643. Supreme Court of the United States. 1961. Oyez Project

School Policy Involving Students' 4th Amendment ights
Some of the nation's public schools are beginning to resemble medieval fortresses with armed guards stationed at entrances equipped with metal detectors. Although these steps have helped to prevent the introduction of weapons onto school grounds, more problematic are other types of contraband that inevitably find their way into the nation's schools, including tobacco, alcohol and drugs of all types, as well as pornography. When school officials believe violations of laws or school rules have been committed, they must of course take action to address such violations but there are some important issues that must be taken into account concerning when such searches are permissible and how they can be conducted in order to pass 4th Amendment muster. To determine what these issues are and how they affect school policies involved students' 4th Amendment rights, this paper provides a review of the relevant…...

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References

Imber, M. & Van Geel, T. (2004). A teacher's guide to education law. Mahwah, NJ: Lawrence

Erlbaum Associates.

Johnston, L.D., O'Malley, P.M., Bachman J.G., & Schulenberg, J.E. (2005). Monitoring the future study: National survey results on drug use, 1975-2004. Volume I: Secondary

school students (NIH Publication No. 05-5727). Bethesda, MD: National Institute on Drug Abuse.

invasion of privacy under the fourth amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced.
The invasion of privacy is something that is taken very seriously in the United States of America and it is for this reason that the fourth amendment encompasses all areas in this respect, and safeguards the rights of all individuals. Although it is not very clear if this law is uniform or not because there appear to be cases where there has been exceptions to what the 4th amendment really says. For the past thirty years or more, innocent people traveling in different states have been pestered through no fault of their own. The police however believe that it is through this means of spot-checking that they have been largely successful at recovering weapons and drugs being transported around the country. ut…...

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Bibliography:

1. Erowid The 4th Amendment and Related Supreme Court Decisions, 2002  http://www.erowid.org/freedom/police/police_supreme4th.shtml 

2. Author not available, Landmark Legal Opinions, 2002 http://www.questioneddocuments.com/legal.html

3. Author not available, Supreme Court Cases and Decisions, 2002 http://members.rotfl.com/accox/nbsuprem.html

4. Author not available, Knowles vs. Iowa, 2002  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=000&invol=97-7597

The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.

Due process is also the root of the discovery rules in the United States. It is the notion of fairness that requires that an accused be apprised of the evidence against him/her. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense.

The impact of the 14th Amendment also comes into play when applied to who can fairly preside…...

4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized modern society and also the legal rights of occupants as well as citizens to have liberty from unnecessary federal government interference with their very own freedom" (Zalman, 2008, pg 4) The model for crime control stresses on decreasing criminal offense inside a society via ways of elevated police as well as prosecutorial efforts. In comparison, the particular due process version concentrates much more on individual legal rights as well as protections and it is centered on restricting the authorities which the governing administration possesses. In this paper, these two models are assessed in how they affect the way the criminal process policy is formed for a society in which every person…...

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References

Israel, H.; Kamisar, Y. And LaFave, R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing.

Szabo, N. (2010). Blogger. Retrieved from  http://unenumerated.blogspot.com/ 

Bernstein, D. (2011). Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 1. Chicago: University of Chicago Press.

Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.

' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections.
The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals…...

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Works Cited

Hobbs, Howard, JD, PhD. "Fifth Amendment Review." American Law Review. May 5, 2001. Retrieved from the web on February 20, 2011 at  http://www.americanlawreview.com/fifth_amend_review.html 

Means, Randolph B. "Interrogation Law…Reloaded: The Two Rights to Counsel." The Police Chief. February 2001. Retrieved from the web on February 20, 2011 at  http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=171&issue_id=122003

4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background

People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV was…...

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References"

(n.d.). Annenberg Classroom. The Right to Protection against Illegal Search and Seizure. Retrieved April 27, 2016, from  http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_15_Our_Rights.pdf 

(n.d.). Arizona Defense Attorney James E. Novak Law Blog -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Requirements and Exceptions to Lawful Search Warrants in Arizona -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Retrieved April 26, 2016, from  http://blog.novakazlaw.com/2013/01/requirements-and-exceptions-to-lawful-search-warrants-in-arizona/ 

Boyd v. United States, 116 U.S. 616 (1886)

(n.d.). Conservative Policy Research and Analysis. Guide to the Constitution. Retrieved April 25, 2016, from  http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures

The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a defensive weapon against society and the laws and proceedings that often took place, in that it allowed a person to insist that they did not have to and were not going to answer a particular question that was asked of them, and what was more, they did not have to answer the question because they were protected under the law.
Somewhere along the way, though, this protection that was designed for a very specific purpose began to be extended to other purposes, therefore 'watering down' the importance of the 5th amendment and making it into somewhat of a joke as opposed to a serious legal matter that can…...

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Bibliography

Bart v. United States. 349 U.S. 219 (1954).

Counselman v. Hitchcock. 142 U.S. 547 (1891).

Emspak v. United States. 349 U.S. 190 (1954).

Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961).

On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as required by the 4th Amendment (Schmalleger, 2009).
The Supreme Court decided that the type of search the police officer conducted was not prohibited by the 4th Amendment. Instead, it was a reasonable and appropriate means of ensuring the safety of the officer from concealed weapons in a tactical situation in which that concern was appropriate in light of the totality of the circumstances in which it occurred. While the 4th Amendment does prohibit more invasive searches with the intention of finding evidence of crimes, (such as for concealed contraband or of small containers), it does not prelude an external frisk now known as a Terry frisk or Terry…...

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References

Delattre, E. (2006). Character and Cops: Ethics in Policing. Washington, DC:

American Enterprise Institute for Public Policy Research.

Hendrie, E. (1997) "The Inevitable Discovery Exception to the Exclusionary Rule." FBI

Law Enforcement Bulletin. Accessed 16 Dec 2011, at:

Fourth Amendment
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation in…...

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References

"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.

Retrieved from  http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO -

CONAN-2002-9-5.pdf

Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from  http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS

Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)

At the heart of these issues are due…...

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References

Hess, J. (2014). Constitutional Law and the Criminal Justice System. Mason, OH: Southwestern.

Parpworth, N. (2012). Constitutional and Administrative Law. Oxford: Oxford University Press.

Stering, R. (2004). Police Officers Handbook. Sudbury, MA: Jones & Bartlett.

Strauss, D. (2010). The Living Constitution. New York, NY: Oxford University Press.

Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…...

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References

Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:

 http://www.lectlaw.com/def2/s107.htm 

Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site:  http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding 

The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-

First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.

The First Amendment to the Constitution is partially designed to protect journalists and news-content publishers…...

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References

Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:

Penguin Group (USA).

Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,

Summaries, and Analyses. Westport, CT: Praeger Publishers.

S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
orks Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003). "Old hine in…...

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Works Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003). "Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine." Fordham Urban Law Journal 30(6):1849.

Kyvig, David E. Law, Alcohol, and Order: Perspectives on National Prohibition. Westport, CT: Greenwood Press, 1985.

Livingston, William S. Federalism and Constitutional Change. Oxford: Clarendon Press, 1956.

Rhetorical Analysis: Barack Obama's "A More Perfect Union" Speech

Introduction:

In the tumultuous aftermath of the racially charged arrest of Harvard professor Henry Louis Gates Jr., Barack Obama, then a presidential candidate, delivered a powerful and introspective address titled "A More Perfect Union." This speech, delivered on March 18, 2008, at the Constitution Center in Philadelphia, stands as a testament to Obama's rhetorical prowess and his ability to navigate complex social and racial issues with clarity and compassion. This rhetorical analysis will examine the key elements of Obama's speech, including his use of language, structure, and ethos, to unravel its persuasive power.

Language....