Herrera v. Collins
The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing charges and conviction for the murder of two police officers. Based on eyewitness testimony and an admission, he was later convicted. However, about ten years later there was an appeal based on the claim that there was new evidence and that the defendant's late brother was the actual assailant. A temporary stay was granted but was later rescinded and Herrera was executed.

Facts

In two separate but close-together incidents, two police officers were killed by a man that was later identified to be Herrera. Added to a handwritten letter that ostensibl admitted guilt and some circumstantial evidence, Herrera was convicted. There was an appeal right after the conviction that fell short and the conviction…...

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References

Case Briefs. "Herrera v. Collins | Casebriefs." Casebriefs. 5 Nov. 2014. Web. 5 Nov.

2014. .

Cornell. "Herrera v. Collins, 506 U.S. 390 (1993)." Herrera v. Collins, 506 U.S. 390

(1993). 7 Oct. 1992. Web. 5 Nov. 2014.

Stop and Frisk
In theory, a stop and frisk is "A brief, non-intrusive, police stop of a suspect." (Legal Information Institute, N.p.) These detentions can comply with Fourth Amendment standards under very specific circumstances. "The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed and dangerous, they may conduct a frisk, a quick pat-down of the person's outer clothing" (LLI, N.p.). A stop and frisk does not require the same level of detention as an arrest and does not trigger the same rights, such as requiring a subject to be Mirandized or advised of a right to an attorney. Furthermore, stop and frisk searches are only supposed to be conducted when there is a reasonable suspicion that criminal activity has occurred. For example, a…...

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Works Cited

Center for Constitutional Rights. Stop and Frisk: The Human Impact. New York: Center for Constitutional Rights, 2012. Center for Constitutional Rights. Web. 2 Jun. 2014.

Dempsey, John. And Linda Forst. An Introduction to Policing, 7th Ed. New York: Delmar

Cengage Learning, 2012. Kindle e-book.

Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, 542 U.S.177 (2004).

Legal Issues in Criminal Justice
This case addresses an incident in which a supervising Sheriff learns that Officer Narcissus has accessed pornographic images of children via the department's computer that is located in his office. The Sheriff seized the computer, the Officer protested vigorously and was arrested by the Sheriff. The following legal cases apply: U.S. v. Ziegler, 474 F.3d 1184 (9th Cir. 2007): An employer can give consent to official searches of an organization's computers despite any expectation of privacy in work computers that employees may have. Although an explicit policy regarding use of departmental computers, its absence does not preclude a warrantless search of the computer when misconduct is suspected. U.S. v. Barrows, 481 F.3d 1246 (10th Cir. 2007): If a personal computer may be searched if two conditions apply: 1) the personal computer was connected to the employer's network, and 2) the employee takes no steps to shield…...

Public Safety vs. Individual ights
The balance between public safety and individual rights is a delicate one. Assuring public safety as well as privacy and freedom from unnecessary harassment and security procedures is usually not all that hard to pull off but there are situations and instances where it can be very dicey. Easy examples that come to mind are political events, DUI checkpoints and so forth. Some say all the stops should be pulled out in such events and/or that no better options exist. Other people decry and condemn anything that infringes upon the rights or convenience of those that are not doing anything wrong. While not the cleanest solution, the balance that must be struck is somewhere in the middle and it is rare that all sides are placated and left with no complaints.

Analysis

One dimension of the public safety vs. personal rights debate is the question of who has…...

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References

Crime Doctor. (2014, July 2). CRIME DOCTOR. Use of Force, Security Guards, use of force, Chris McGoey, security guards expert. Retrieved July 2, 2014, from  http://www.crimedoctor.com/use-of-force.htm 

Nolo. (2014, July 2). Search and Seizure Principles - Nolo.com. Nolo.com. Retrieved July 2, 2014, from  http://www.nolo.com/legal-encyclopedia/search-seizure -principles

Nolo. (2014, July 2). Your Employees' Right to Privacy - Nolo.com. Nolo.com. Retrieved July 2, 2014, from  http://www.nolo.com/legal-encyclopedia/employee-privacy 

OGE. (2014, July 2). Statutes. U.S. Office of Government Ethics. Retrieved July 2,

Tennessee v. Garner. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed.
Court Decision

At the end of the trial the court granted a motion in favor of the police department and the city. The court also found for the other defendants on all issues. When the plaintiff appealed, the Sixth circuit upheld parts of the district court's verdict, but dismissed the cases against individual defendants. The upper court in its decision remanded with respect to a Supreme Court decision in the case of Monell v. Department of Social Services, in which the court held that municipalities could be subject to liability the U.S. Code title 42, section 1983 (Blume, 1984). The district court was further instructed to weigh whether the city was…...

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References

Blume, J. (1984). Scholarship@Cornell Law: A Digital Repository -- Cornell University Law School Research. Deadly Force in Memphis: Tennessee v. Garner. Retrieved September 14, 2015, from  http://scholarship.law.cornell.edu/facpub/273/ 

Lewis, G. (1986). Tennessee vs. Garner: Invoking the Fourth Amendment to Limit Police Use of Deadly Force. Pace Law Review, 6(4). Retrieved, from  http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1569&context=plr 

Wright, J. (2013). Applying Miranda's Public Safety Exception to Dzhokhar Tsarnaev: Restricting Criminal Procedure Rights by Expanding Judicial Exceptions. Columbia Law Review, 113, 136-155. Retrieved, from  http://columbialawreview.org/boston-bombers-miranda-rights_wright/

U.S. Constitution -- Fourth Amendment
Fourth Amendment

At the moment of independence of the United States from Great Britain, the colonials sought to create a charter of laws and regulations that would preserve the people's rights when placed in the face of government. Monarchy for the colonies was at an end; because of the experiences of the people, it was clear to the colonial inhabitants of the then-13 colonies that made up the United States that there would be a need to protect themselves from the abuses of government, be they monarchy or democracy. This desire of protection gave birth to the creation of the United States Constitution in 1787. The Declaration of Independence called upon the abuses of power of the British monarchy. As a follow-up, the Constitution further establishes the extent of the people's rights. That said, the first ten amendments focuses on the definition of the people's rights and…...

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Works Cited

"Annotated Constitution Fourth Amendment -- Table of Contents." LII | Legal Information Institute at Cornell Law School. Web. 30 June 2011.

"Constitution of the United States." National Archives and Records Administration. Web. 30 June 2011. .

If the defendant is indicted, then a trial may follow. The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal rights must be upheld in the process of a trial. A person may not be treated unfairly relative to others with respect to his or her trial. In addition, the Fifth Amendment grants the right to fair compensation, whereby any private property that is taken for public use must by compensated for fairly. This works with respect to eminent domain in particular, where the government seizes property for the public good; the Fifth Amendment demands that the property owner be compensated for this seizure (CIN, 2011).
The different elements of the Fifth Amendment are important for a number of reasons. Related somewhat to the Fourth Amendment, the protection…...

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Works Cited:

Hornberger, J. (2005). The Bill of Rights: Searches and seizures. Freedom Daily. Retrieved May 2, 2011 from  http://www.fff.org/freedom/fd0410a.asp 

CIN. (2011). What is the Fifth Amendment? Criminal Information Network. Retrieved May 2, 2011 from  http://www.criminalinfonetwork.com/fifth-amendment.htm 

JRank.org. (2011). Fifth Amendement -- Self-incrimination case. Law.jrank.org. Retrieved May 2, 2011 from  http://law.jrank.org/pages/6880/Fifth-Amendment-Self-Incrimination-Clause.html

Fourth Amendment elated to Computer Searches
The Fourth Amendment is supposed to protect individuals from undue searches and seizures. Yet how this Amendment affects the searching of electronic storage (computers, drives, etc.) is unclear, as it was composed long before the Digital Age came into being. Thus, there have been various Acts and amendments geared towards explaining how the Fourth Amendment should be applied in the case of digital property.

The Electronic Privacy Control Act (ECPA) was first made into law in 1986. It was meant to address how government agencies could use electronic devices and what they could legally tap into and/or confiscate. The ECPA consisted of the Wiretap Act, the Stored Communications Act and the Pen egister Act. The Stored Communications Act is what set the parameters for how agencies could search stored files and data collected by service providers. But as this was 1986 and the Internet Age…...

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References

Introduction to ECPA. (2015). Electronic Privacy Information Center. Retrieved from  https://epic.org/privacy/ecpa/ 

Justice Information Sharing. (2013). Office of Justice Programs: U.S. Dept. of Justice.

Retrieved from  https://it.ojp.gov/PrivacyLiberty/authorities/statutes/1285

Warrants for Digital DataA search warrant is a legal document issued by a judge or a magistrate, giving law enforcement officials the authority to search a particular property or area for specific evidence related to a crime (Kerr, 2005). Its primary purpose is to balance the individual's right to privacy and the state's need to conduct investigations to enforce the law. The legal threshold for obtaining a search warrant includes establishing a probable cause and providing detailed information about the person, place, or items to be searched or seized.There can be potential complications in obtaining a search warrant. First, the requirement to establish probable cause can pose challenges because it involves demonstrating to a judge or magistrate that a crime has likely been committed and that evidence of this crime can be found in the place to be searched. However, sometimes the evidence available is circumstantial or ambiguous, which makes…...

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References

Chang, R. (2007). Why the plain view doctrine should not apply to digital evidence. Suffolk J. Trial & App. Advoc., 12, 31.

Kerr, O. S. (2005). Search warrants in an era of digital evidence. Miss. LJ, 75, 85.

Knutsen, E. S. (2003). Ambiguous cause-in-fact and structured causation: A multi-jurisdictional approach. Tex. Int\\\\\\'l LJ, 38, 249.

Reading ResponseIn our textbook the Word, on the section Revising, the author explains the importance of revising your work after making a draft so as to produce a piece of writing that is polished and one that can be understood by others. The author indicates that revising can be done by checking the organization of your work and by looking at the bigger picture, and then proofreading and editing the final draft. I am of the opinion that the author is correct in his statement that writing under pressure may not result in the best results.In the Excerpt from Utah v. Edward Joseph Strieff, Jr, the author Justice Sonia Sotomayor dissents with how police violate the Fourth Amendment rights. Essentially, Strieff explains how pedestrians are illegally stopped by officers without any evidence that they have engaged in crime. According to the author, the said act is largely excused and tolerated…...

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References

Sotomayor, J. S. (n. d). Excerpt from Utah v. Edward Joseph Strief. The Supreme Court of the United States.

Our Textbook of the Word. (n. d). Revising.  https://openoregon.pressbooks.pub/wrd/chapter/higher-order-concerns/ 

Sullivan, A. (n. d). I Used to be a Human. New York Magazine.

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

The NSA had been illegally investigating several journalists and even violating their privacy by monitoring their telephone use through systems and capabilities designed for use against terrorist suspects only.
Fourth Amendment constitutional rights prohibit any such use of surveillance without judicial authorization, typically, a search warrant or wire tap warrant issued after a formal presentation of evidence and the establishment of probable cause, as required by the original text of the Fourth Amendment (Schmalleger, 2008). According to the accounts published, the NSA specifically targeted journalists known to have been critical of the presidential administration of George . Bush, which may raise other significant constitutional problems even beyond the Fourth Amendment issues (Scmalleger, 2008).

Possible Solutions to Balancing Effective Counterterrorism and the Fourth Amendment:

As pointed out by national security expert Randall Larsen (2007), one of the main problems with the so-called ar on Terror as conceived by the former presidential administration is…...

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Works Cited:

Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Century. New Jersey: Prentice Hall.

Fourth Amendment
"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" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the Fourth…...

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Olmstead v. U.S.

Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).

The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging

" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure.
orks Cited

http://www.questia.com/PM.qst?a=o&d=5020427742

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

Greenhalgh, illiam ., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.

A www.questia.com/PM.qst?a=o&d=5008791036

Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.

illiam . Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause," American Criminal Law Review 31.4 (1994).

Eric F. Citron,…...

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Works Cited

 http://www.questia.com/PM.qst?a=o&d=5020427742 

Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.

A www.questia.com/PM.qst?a=o&d=5000281312

Greenhalgh, William W., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's Warrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.

Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).

For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent over the…...

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References

Cornell Law. (1971). U.S. v. U.S. District Court. Retrieved August 6, 2011 from law. cornell. edu/supct/html/historics/USSC_CR_0407_0297_ZO. htmlhttp://www.

LectLaw Library. (2011). Fourth Amendment U.S. Constitution. Retrieved August 6,

2011 from lectlaw. com/def/f081. htmhttp://www.

U.S. Legal. (2011). Writ of Certiorari. Retrieved August 6, 2011 from lectlaw. com/articles/at0037. htmhttp://www.

The application does not have to be difficult. It should be used for you to state the issues, and then state the rules and facts that are related to those issues. Then you can explain how the facts do (or don't) meet the requirements of the rules. Next, state whether the court would find a defendant guilty or not based on the rules and the strength of the facts. The main thing to remember is not to leave loose ends. Make sure you address each one of the facts and the elements of the rule. It can help to make....

Topic 1: The Erosion of Due Process in the Digital Age

Topic 2: The Tension between Due Process and National Security

Topic 3: Due Process and the Rights of the Unrepresented

Topic 4: The Role of Due Process in Protecting Minority Rights

Topic 5: Due Process in the Context of Private Ordering

1000-Word Essay

Topic: The Erosion of Due Process in the Digital Age

Introduction:
Due process, a fundamental principle of justice, safeguards individuals from arbitrary or unjust government actions. However, the advent of the digital age has raised concerns about the erosion of due process. This essay examines the ways in which digital technologies have challenged due....

I. Introduction

• Brief overview of Terry v. Ohio case
• Thesis statement outlining significance of the case

II. Background of the Case

• Circumstances leading to the stop and frisk of John Terry by Cleveland police officers
• Legal issues raised in the case

III. Procedural History

• Trial court ruling
• Appellate court decision
• U.S. Supreme Court review

IV. Legal Analysis

• Majority opinion written by Chief Justice Earl Warren
  • Justification for stop and frisk
  • Fourth Amendment implications
• Dissenting opinions
  • Arguments against stop and frisk
  • Privacy concerns

V. Impact of Terry v. Ohio

• Precedent....

Recent Supreme Court Decisions and Their Impact on the Criminal Justice System

The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.

Miranda Rights and Police Interrogations

Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....