Homework Assignment
Tashley Stockham
ASSIGNMENT for Week 2
3. According to this appeals court, what errors were made by the judge at trial?
The judge erred in “refusing to allow the defendants to introduce evidence that no other employees were treated abusively…and in denying defendants’ requested jury charge on mitigation.” (McAdams 173) McAdams, T. Law, Business and Society, 10th Edition. McGraw-Hill Learning Solutions, 40848. .
7. Would the police violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so? Explain. See, for example, United States of America v. Lawrence Maynard, 615 F.3d 544 (D.C. Cir. 2010); petition for rehearing en bane denied, United States of America v. Antoine Jones, 625 F.3d 766 (D.C. Cir. 2010).
Yes, if there is no probable cause for a warrant, they have no right to secure any type of tracking device so they can try to find probable cause. If they can’t convince a judge, they have no case, they are to be lawful and not cross that line.
8. An Erie, Pennsylvania, public indecency ordinance prohibited knowingly or intentionally appearing in public in a “state of nudity.” Pap’s, the owners of Kandyland, an Erie establishment featuring totally nude dancers, challenged the constitutionality of the ordinance.
a. Explain the nature of that constitutional challenge.
I would have to say it would challenge the first amendment. The right to assemble or even to some aspect(if one chose to argue this way), the right to religious freedom.
b. Decide the case. Explain. See City of Erie v. Pap’s A.M., 529 U.S. 277 (2000).
I would decide they have the right to assemble as they please, as long as it is on private property, not on a public street for
ASSIGNMENT for Week 2
3. According to this appeals court, what errors were made by the judge at trial?
The judge erred in “refusing to allow the defendants to introduce evidence that no other employees were treated abusively…and in denying defendants’ requested jury charge on mitigation.” (McAdams 173) McAdams, T. Law, Business and Society, 10th Edition. McGraw-Hill Learning Solutions, 40848. .
7. Would the police violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so? Explain. See, for example, United States of America v. Lawrence Maynard, 615 F.3d 544 (D.C. Cir. 2010); petition for rehearing en bane denied, United States of America v. Antoine Jones, 625 F.3d 766 (D.C. Cir. 2010).
Yes, if there is no probable cause for a warrant, they have no right to secure any type of tracking device so they can try to find probable cause. If they can’t convince a judge, they have no case, they are to be lawful and not cross that line.
8. An Erie, Pennsylvania, public indecency ordinance prohibited knowingly or intentionally appearing in public in a “state of nudity.” Pap’s, the owners of Kandyland, an Erie establishment featuring totally nude dancers, challenged the constitutionality of the ordinance.
a. Explain the nature of that constitutional challenge.
I would have to say it would challenge the first amendment. The right to assemble or even to some aspect(if one chose to argue this way), the right to religious freedom.
b. Decide the case. Explain. See City of Erie v. Pap’s A.M., 529 U.S. 277 (2000).
I would decide they have the right to assemble as they please, as long as it is on private property, not on a public street for