arrest warrant and a search warrant.
An arrest warrant pertains to the arrest and detention of a particular person based on what crimes the person has allegedly committed. Evidence is necessary to procure a search warrant. However, once it is procured, the person can be arrested when found and whatever property they have on their person and the car they are driving in would be subject to impound and/or retention.
A search warrant pertains to the search and review of a certain area such as a house, car or other area. Such a search warrant is usually constrained to certain types of evidence such as blood evidence, hair/fiber evidence, video/CD/electronic media evidence and others or a combination thereof. It really depends on the nature of the crime and the evidence that is deemed both appropriate to collect and/or how it would theoretically pertain to the case if recovered.
What are the three…...
Right's residential property. Mr. Sight can still be held and charged on any evidence taken directly from his person, but not from the evidence secured from his private residence.
Reasons
Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to assume that he may also have been involved in criminal drug use and distribution. The Fourth Amendment clearly demands a warrant to be specific in who or what is to be searched, and therefore the warrant did not cover the search of any additional private residences. In searching Mr. Right's property without a warrant, the Saint Leo Police department could leave itself open to potentially having to pay the consequences of loosing in a Section 1983 lawsuit. Moreover, it is…...
mlaBibliography
Ashburn, Melissa. (2010). Authority of court clerk. MTAS. Web. http://www.mtas.tennessee.edu/Knowledgebase.nsf/0/D8A12B13E7D60DB385256B6C006446B8
Drumm, David. (2013). Probable cause on a leash. Jonathan Turley. Web. http://jonathanturley.org/2013/02/23/probable-cause-on-a-leash/
Govoni, Jane, Wright, Valerie, & Wubbenhorst, Peter. (2005). Fusions: Integrating values in higher education. Saint Leo University. Web. https://characterclearinghouse.fsu.edu/files/pdf/2005InstituteProceedings/Institute_2005_Govoni_Wright__Wubbenhorst.pdf
Shouse, Neil. (2012). United States Code Section 1983 & civil rights litigation: California civil rights lawyers. Shouse. Web. http://www.shouselaw.com/1983.html
law enforcement for a number of reasons. Technically, "anyone who discloses investigative information can be considered an informant" (Osterburg & Ward, 20130, p 183). There are open or closed informants that have different motivations; anything from wanting to protect the community to trying to achieve immunity or a deal for their own participation within criminal activity. They can help prevent crimes from occurring, start the process of an investigation by prompting investigation and the acquisition of a search warrant, as well as help solidify a conviction. Informants can provide information already in their possession or help acquire new information through seeking it out for law enforcement. In cases were informants are criminals themselves, there are added issues that can complicate an informant's role in an investigation or in obtaining a search warrant. Often times, judges and juries are less likely to whole heartedly believe a criminal testifying against another…...
mlaReferences
Nolo. (2014). Search warrants and probable cause. Search Warrants. Web. http://www.nolo.com/legal-encyclopedia/search-warrants-and-probable-cause.html
Osterburg, James W. & Ward, Richard H. (2013). Criminal Investigation: A Method for Reconstructing the Past. 7th ed. Elsevier.
That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's home, located at 678 Oak Street, Collingswood.
That based upon the above, I believe there exists probable cause to believe there are presently jewelry, and evidence of their possession, in the home of Mr. a, 678 Oak Street, Collingswood, which are evidence of the fruits and instrumentalities of violations of Texas Penal Code, Chapter 26, Section 29.03(2) and, Chapter 26, Section 31.03(5).
John Smith
Detective
Collingswood Police Department
SUSCRIED & SWORN to before me on this ____ day of
Superior Court Judge
TIME:
ibliography
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.
Supreme Court of the United States. (June 10, 1968). John…...
mlaBibliography
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.
Supreme Court of the United States. (June 10, 1968). John W. Terry, Petitioner, v. State of Ohio. 392 U.S. 1, 88 S.Ct. 1968.
Supreme Court of the United States. (June 21, 1990). Illinois v. Rodriguez. 497 U.S. 177, 110 S. Ct. 2793.
Supreme Court of the United States. (June 8, 1983). Illinois v. Gates. 462 U.S. 213 (1983).
It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search and seizure laws relative to surveillance as well as their property (Kitch, 1968). This is important because it shows that even though this case took place in the late 1960's, the new technologies that are making their way to the open market will ultimately be used to track and gather information on criminals and criminal activity, and that these new technologies will also have to fall under the umbrella of the protection guaranteed by the Fourth Amendment.
orks Cited
Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"
Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.
Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1…...
mlaWorks Cited
Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"
Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.
Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol. 74, No. 1 (Spring, 1983), pp. 1-171.
Kaplan, John. (1961). "Search and Seizure: A No-Man's Land in the Criminal Law."
Cause
A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is not required to enter a third person's garage if the officer has probable cause to believe that the defendant does not have the owner's consent to be in the garage, as his presence there for the purpose of evading the police constitutes burglary. The officer may enter the garage without a warrant if he believes the defendant's presence there is a threat to another person. A search warrant is required if the officer does not have probable cause to believe…...
mlaWorks cited
Alai. Search Warrant. Wikipedia. 28 March 2005
http://en.wikipedia.org/wiki/Search_warrant
Exigent Circumstances. The 'Lectric Law Library.
Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.
The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.
Is this an invasion of the student's privacy?
Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place in school that…...
mlaBibliography
American Civil Liberties Union of Utah. (2010). Search and seizure. Retrieved on April 9, 2010
from http://www.acluutah.org/SKYR4.html .
Davis, K, Kelsey, J, Langellier, D, Mapes, M, & Rosenthal, J. (2003) Surveillance in School
Safety vs. Personal Privacy. Retrieved on April 9, 2010 from http://students.ed.uiuc.edu/jkelsey/surveillance/locker.htm
Safford Unified School District v. edding and School PolicyIntroductionSafford Unified School District v. edding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescription-strength ibuprofen pills at a school in Arizona.FactsIn 2003, Savana edding, a 13-year-old student at Safford Middle School in Arizona, was strip-searched by school officials. A fellow student had accused Savana of possessing prescription-strength ibuprofen pills, and as a result, the school officials searched Savana\\\'s backpack, finding no pills. Then, they made Savana remove her clothing, including her bra and underwear, and searched her. No pills were found during the search, and it was later revealed that the student who had accused Savana had never actually seen her with any pills.Procedural History: Savana and her mother, April edding, filed a lawsuit against the school district, the school principal, and the school nurse,…...
mlaReferencesClarke, E. W. (2010). Safford Unified School District# 1 v. Redding: Why Qualified Immunity Is a poor Fit in Fourth Amendment School Search Cases. Brigham Young University Journal of Public Law, 24(2), 313-345.Harris, D. A. (1993). Factors for reasonable suspicion: When black and poor means stopped and frisked. Ind. Lj, 69, 659.Ferguson, A. G. (2007). The high-crime area question: Requiring verifiable and quantifiable evidence for fourth amendment reasonable suspicion analysis. Am. UL Rev., 57, 1587.Katz, L. R. (2004). Terry v. Ohio at Thirty-Five: A Revisionist View. Miss. LJ, 74, 423.Mitchell, J. E. (1991). Selective Application of the Fourth Amendment: United States v. Verdugo-Urquidez. Cath. UL Rev., 41, 289. Parker, D. D. (2009). Discipline in Schools after Safford Unified School District# 1 v. Redding. NYL Sch. L. Rev., 54, 1023.Safford Unified School District v. Redding, 577 U.S. 364 (2009);Torres, M. S., Brady, K. P., & Stefkovich, J. A. (2011). Student strip searches: The legal and ethical implications of Safford Unified School District v. Redding for school leaders. Journal of School Leadership, 21(1), 42-63.
Supreme Court and Cell Phones
According to The Times Editorial Board (2013), the case concerns David iley, a Californian college student, who was pulled over by police for expired tags. During the incident, it was also discovered that his license had been suspended. As a result, the car was impounded and searched, after which guns were found under the hood. iley was then arrested and his Samsung phone was confiscated. When searching through the information on the phone, police found text messages containing information about a gang with a photo of iley and another man near a car that was involved in the shooting. iley was convicted of the shooting on the strength of this evidence (The Times Editorial Board, 2013).
The Court's decision revolves around whether the information on iley's phone is in fact admissible as evidence in a criminal case. Especially compounding the issue is that iley was arrested for…...
mlaReferences
Garahn, A. (2011, Oct. 11). California governor allows warrantless search of cell phones. CNN. Retrieved from: http://edition.cnn.com/2011/10/11/tech/mobile/california-phone-search-veto/
The Times Editorial Board (2013, Oct. 3). Hands off our cellphones. Retrieved from: Los Angeles Times. Retrieved from: http://www.latimes.com/opinion/editorials/la-ed-cellphones-20131002-story.html
Student Searches, Free Speech & Expression, and Privacy in the Wired Age
Student searches and in-school discipline for off-campus conduct
Free Speech and Expression on and off campus
Privacy in the wired age on and off campus. (Facebook, twitter, myspace, blogs, cellphones)
What are a students' constitutional rights when it comes to searches and seizures, on and off campus discipline, free speech, expression, and privacy in the wired age when on and off campus? How are students protected by the United States Constitution and Bill of Rights when it pertains to the three items listed above?
Students are often subject to rules and regulations that are associated with school codes of conduct and those rules and regulations are sometimes not reflective of constitutional rights to free speech and free action inside the laws. These long list of potential violations are printed by institutions and are made available to students, in secondary and postsecondary schools. Students…...
mlaIn short students and especially minor students and their parents should make themselves aware of the codes of conduct the student is expected to uphold and live within those guidelines even if they feel the guidelines are overreaching as students have little recourse because even most public institutions such as public schools are still considered voluntary and enrollment in them requires certain standards to be upheld. This is not to say it is likely that all new students will read and memorize a code of conduct but they must beware that violations especially that hurt others will not likely be tolerated. It is not likely that the constitutional protection of students will be expanded, rather to the contrary laws that protect others from immoral, unethical and/or illegal or harmful behaviors in a public forum such as the internet, across email, and cell phones will likely be expanded. It also must be made clear that the intent to harm another does not have to be present for that harm to be done or for the individual(s) responsible to be held accountable for it. In other words consider yourself under public scrutiny when you are enrolled in any institution and act accordingly, upholding the law and the moral and ethical standards associated with your role as a student.
Wheeler, T. (2011). Facebook Fatalities: Students, Social Networking, and the First Amendment. Pace Law Review, 31(1), 182-227. Retrieved from EBSCOhost.
Williamson, L. (2009). Private Rants Become Public When Aired Online. InsideCounsel, 20(211), 67-68. Retrieved from EBSCOhost.
Administrative Search Exception
Administrative Search Exemption
Administrative search exception: Why it applies to airport searches
The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. However, "while the new TSA enhanced pat downs may violate the Fourth Amendment on the surface, what most people are not aware of is that the 9th Circuit Court of the United States ruled on the search of passengers in airports back in 1973, which effectively suspends limited aspects of the Fourth Amendment while undergoing airport security screening" (Frischling 2010). The U.S. Supreme Court case which established the exclusionary rule as a rule of law (the idea that 'fruit of the poisonous tree' evidence obtained illegally could not be used against a defendant in a court of law) was not found to be applicable in this particular category of searches. The U.S. Supreme Court had already established in 1968 that police officers…...
mlaReferences
Frischling, S. (2010). How The TSA Legally Circumvents The Fourth Amendment. Flying with Fish. Retrieved from:
Skean, B. (2002). NIU's Northern Exposure Airport exceptions to the Fourth Amendment's warrant requirement. Retrieved from: http://www.dcbabrief.org/vol140202art5.html
Terry v. Ohio. (1968). LII. Retrieved from:
Kringlen also published more extensive case records for his monozygotic twins than any other researcher had done (pp. 7-8)."
The information gained by these studies was significant. One, in particular, conducted by William Pollin and his colleagues set out to disprove the biological or genetic factors, and to establish the basis for.".. psychodynamic, interpersonal phenomena that might have some significant etiologic role with respect to schizophrenia (Torrey, p. 9)." What Pollin and his colleagues found, instead, was that there were significant physiological conditions in the twins examined who had schizophrenia (p. 9).
The most significant findings were a history of lower birth weight and more obstetric complications in the affected twins in discordant pairs, and more neurological abnormalities in the affected twins (Pollin & Stabenau, 1968; Mosher et al., 1971). The findings, said these researchers, suggested that "the intrauterine experience of one twin, relative to the co-twin, tends to be unfavorable…...
mlaReferences
http://www.questiaschool.com/PM.qst?a=o&d=109107379
Csernansky, J.G. (Ed.). (2002). Schizophrenia: A New Guide for Clinicians. New York: Marcel Dekker. Retrieved December 22, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=113408413 http://www.questia.com/PM.qst?a=o&d=109107379
Harrop, C., & Trower, P. (2003). Why Does Schizophrenia Develop at Late Adolescence? A Cognitive-Developmental Approach to Psychosis. Hoboken, NJ: Wiley. Retrieved December 22, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=111909680 http://www.questia.com/PM.qst?a=o&d=113408491
Heinrichs, R.W. (2001). In Search of Madness: Schizophrenia and Neuroscience. New York: Oxford University Press. Retrieved December 22, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=85769272http://www.questia.com/PM.qst?a=o&d=111909680
Policy Case Study
The author of this report has been asked to act as a consultant for a major security consulting firm. Contained within this report will be several topics that were requested to be covered and thus they will be with the appropriate amount of vigor and detail. The first topic will be a brief overview of the overall legal environment for non-information technology managers when it comes to things like constitutional law, administrative law, civil law, criminal law, due care, due diligence and overall fiduciary duty. Another major topic that will be covered is the applicable information security laws and practices. Next up will be the impact of policies, regulations and laws when it comes to the information security sphere. The next topic, and a very controversial one in the eyes of many, is the Central Intelligence Agency including is practices, what has been in the news about…...
mlaReferences
ABA. (2015). What Are the Limits of Employee Privacy? | Solo, Small Firm and General
Practice Division. Americanbar.org. Retrieved 10 June 2015, from http://www.americanbar.org/publications/gp_solo/2012/november_december2012pr
ivacyandconfidentiality/what_are_limits_employee_privacy.html
DHS. (2004). Information Security Governance - A Call To Action. Department of Homeland Security. Retrieved 10 June 2015, from https://www.dhs.gov/sites/default/files/publications/csd-informationsecuritygovernance-acalltoaction-2004.pdf
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…...
mlaReferences
"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
Mapp V. Ohio
Over the centuries, there has been considerable debate as to the application of the Bill of ights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together, the…...
mlaReferences
Barron V. Baltimore. (2007). Constitution.org. Retrieved from: http://constitution.org/ussc/032-243a.htm
The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from: http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542
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