The case Heien v. North Carolina came about on April 29, 2010 when an officer started “following a suspicious vehicle, Sergeant Matt Darisse noticed that only one of the vehicle's brake lights was working and pulled the driver over. While issuing a warning ticket for the broken brake light, Darisse became suspicious of the actions of the two occupants and their answers to his questions. Petitioner Nicholas Brady Heien, the car's owner, gave Darisse consent to search the vehicle. Darisse found cocaine, and Heien was arrested and charged with attempted trafficking.” After denial of his motion to suppress, defendant entered a guilty plea in the North Carolina Superior Court… the North Carolina Court of Appeals reversed…The North…
Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…
The selection that makes a more effective argument is selection 1 " Lochner v. New York Decision" because it not only give strong evidence it also states that this is the man is a second time offender. As stated in the selection "after having been therefore convicted of a violation of the same act, and therefore, as averred, he committed the crime or misdemeanor, second offense." It also says that somebody who work passed the maximum number of hours wouldn't develop any health problems, but it states that he, "wrongfully and unlawfully required and permitted an employee working with him in his biscuit, bread, and cake bakery and confectionery establishment, to work more than sixty hours in one week." What this quote from the text is saying…
In the Texas vs Cobb case a man named Raymond Levi Cobb was first arrested in 1994 and confessed to a home burglary. In this process he denied that he killed the woman and child in the home but later confessed to his father which his father then went to report this to the police. Even though Cobb later waived his Miranda rights and confessed he was still indicted and sentenced to death. Cobb argued to the Texas Court of Appeals that after his confession he was denied his right to counsel because his request for an attorney wasn’t renewed after the burglary case. The Court later said that the right to counsel carries onto the reason charged if any other offenses are closely related to the case. It was then declared with a five to four vote under…
After you informed me of your problem concerning Octavius, I advised Mr. Joe George about your situation. Mr. George consulted with our Attorney who made the following suggestion:…
Presser V. Illinois was a landmark Supreme Court case in 1816. Herman Presser was part of a Citizen’s militia group, called the Lehr und Wehr Verein. They were a group of armed ethnic German Workers, they had formed in order to counter the armed private armies in Chicago. Herman Presser was indicted for arming a private army without having a license from the Governor. However, his charges were later sent to the U.S Supreme Court. Therefore after reviewing the case, and hearing Herman Presser’s testimony. The Supreme Court ruled in a 9/0 majority. The Supreme Court Stated “Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and…
(1) the central purpose of the program in which the speech in question occurs; (2)…
Issues: In this scenario a student maintained residence in the town of Trenton, a community that does not have a high school. Students from this area are able to enrolled in Ellsworth or MDI high schools, however, due to behavioral issues the student was placed in a more restrictive environment in Bangor (Parent v. Trenton, 1999, p.2). During the spring of the 1998-1999 academic year the student returned home without “notifying the Trenton School Department of the student’s self initiated change in residency/educational placement” (Parent v. Trenton, 1999, p.2). The student was denied enrollment in both of the available high schools due to his/her intended date of enrollment, and failure to pass a background check (Parent v. Trenton, 1999, p.5). Interestingly, the issues addressed in this case do not consider the lawfulness of the schools’ denial for enrollment, but instead focused on Trenton School Department and if it sufficiently provided the student…
The Tarasoff case is the case that “established a clinician’s duty to warn” (Mottarella, n.d.). Prosenjit Poddar, a student at University of California Berkeley (UCAL) was a patient of Dr. Lawrence Moore, a psychologist a hospital affiliated with UCAL. Poddar was seeking treatment for an emotional breakdown after being romantically rejected by Tatiana Tarasoff. In the course of therapy Poddar related to Dr. Moore his intent to kill Tarasoff that fall. Dr. Moore conferred with his superiors at the facility and the determination, customary at that time, was made to have Poddar involuntarily committed. Dr. Moore notified the campus police and requested that Poddar be picked up, warning that Poddar can appear quite rational at times. Campus…
Several citizen complained that Chaplinsky’s message was offensive to the city marshal. The marshal told the citizen that Chaplinsky had every right to engage in what he was doing, but the crowd was irritated by it. A disturbance occurred, without placing Chaplinsky under arrest an officer had to escort Chaplinsky to the police station. On the way to the station they encountered the city marshal, where Chaplinsky uttered the words “ You are a God Damned Racketeer” and “ a Damned Fascist.”Chaplinsky was convicted of violating a New Hampshire law prohibiting the use if offensive or annoying words when addressing another person in public. Chaplinsky thought that this law was an unreasonable restraint on speech, so he appealed his…
When Europeans began colonizing in the New World, there was a large amount of work to do and very few workers to get the job done. While there were indentured servants paying their way to America in exchange for work, it was not enough. To solve this problem, Dutch ships began loading Africans against their will onto a boat to be slaves in the New World. This later became known as the Atlantic Slave Trade. After the American Revolution, slavery became less and less profitable especially in the North. Once the cotton gin was invented, more labor to work the fields in the South was needed. This made the American economy dependent upon slavery. There was much debate about the ethics of slavery and many thought it to be wrong. In 1857, the United States Supreme Court case of “Dred Scott v. Sandford” took place that changed America as we know it. This case brought up the issues of slavery and the future of the US. It brought to light the important responsibility politicians have in making important decisions that can affect the future. A…
Certain rights, shall not be construed to deny or disparage others retained by the people…
Cultural exchange disseminates social ideas, and those ideas transform societies. The US was strictly opposed to sexual promiscuity before the 20th century, but by 1965, in Griswold v. Connecticut, the Supreme Court ruled that a law preventing access to contraception in Connecticut was unconstitutional. In those few decades of the early 1900s, something transformed American society to become tolerant of birth control. In the 20th century, America became increasingly interconnected with the rest of the world, and this caused social movements and ideas to spread. The societal acceptance of birth control which made Griswold v. Connecticut possible was a direct result of the increasing globalization in the 20th century because the exposure to the…
Facts: Bridget Fisher bought a house in 1989 by herself. She married Barry Jewell, and he helped her fix the house. They lived together on and off and then married in 1990. Later, they got divorced and Jewell moved into his friend's apartment. When Jewell found out that Fisher was seeing another man, he told his friend that he wanted to beat her boyfriends head with a 2 by 4 and cut his dick off.…
The first amendment in the Bill of Rights states “Congress shall make no law respecting…