In his article Florida v. Harris: Turning Police Dogs into Search Warrants on a Leash, John Whitehead questions the intentions of both police officers and Supreme Court judges, who seem to be condoning and ruling in favor of unconstitutional searches of American citizens. The criteria for what qualifies as probable cause has now been left up to the judgement of an officer. With variance in why a search should be conducted, Americans are left in the dark when it comes to their own rights. Although the Constitution outlines these rights, their interpretations gets lost when the Supreme Court rules in the favor or those who seem to be abusing their power rather than using it to protect the American people. .…
ii. On May 23, 1957, police officers in Cleveland, Ohio believed that a suspect in a bombing, as well as some illegal gambling equipment, might be found in the home of Dollree Mapp. Officers went to the home and asked for permission to enter, but Mapp refused them without a search warrant. Three hours later, the two returned with several other officers. Showing off a piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled to take it away from Mapp and snatched the piece of paper away from her. They then handcuffed her. The 4th Amendment protection against “unreasonable searches and seizures” and the “nationalization” of the Bill of Rights under the 14th Amendment was questioned before the Court. The illegal search in Mapp’s home and whether the evidence was admissible was challenged by many.…
The court decided that whenever an officer restrains the freedom of someone to walk away,…
This is a charter case because the Canadian charter of Rights and Freedoms states every citizen’s rights and freedoms and in this case, Mr. Feeney's rights against unreasonable search and seizure were infringed upon. Mr. Feeney was unreasonably searched; therefore this violated his guaranteed rights under section 8 it is evident that Mr. Feeney's rights were violated because during the murder investigation, the police had trespassed onto the suspect’s property without any valid search warrant. Under section 8 of the Charter it clearly states that everyone has the right to be secure against unreasonable search or seizure. Because the police did not have a search warrant while entering his house they infringed his rights by forcing themselves into the house and unlawfully detaining possessions that belonged to Mr. Feeney. Feeney was detained immediately after being woken up by the officers, he had not…
In Canada the two main tactics used by police officers everyday are, carding and investigative detention. Carding, also referred to as street checks is when an officer approaches pedestrians and asks for their identification. Investigative detention is if the police have reasonable grounds they have the right to detain people to investigate. In Morton's chapter he discusses the uprising issue the public has with these tactics. The key legal issues Morton talks about is how the tactics that the police use are possibly violating the charter rights. Morton describes two scenarios in which individuals were carded, in the first scenario a young female and older male were both stopped and carded in a shopping mall. The shopping mall that they were located in has previous…
The article mainly discusses the topics of two books that were recently published: When Police Kill by Franklin E. Zimring and Unwarranted: Policing Without Permission by Barry Friedman. These books focus on how policing has affected different communities, who is mainly a target of police brutality, how the government (mainly the F.B.I.) handles cases in which an American has died at the hands of a police officer, and how the Fourth Amendment of the United States Constitution is ignored…
Since the induction of the Canadian Charter of Rights and Freedoms, Canadians have been all about their “freedoms”. Should women be allowed to get abortions without criminal persecution? The Charter is a liberal document, meaning it sets out fundamental notions about the rights of an individual. But what it comes down it is what rights does a person have, and how are they protected from the arm of the state. The charter was designed by Canadian MP’s, lawyers, and judges.…
The police also have the right to use reasonable force if you try to escape or become violent. They also have the right to arrest you, they can handcuff you and they have the right to search you while you’re arrested.…
Alonzo and Jake pulled over a vehicle after viewing them buy drugs for recreational use. They used violent confrontation and intimidation towards the suspects and citizens, along while they seized they drugs. It triggered the citizens constitutional right but because the drugs were not in plain sight, nor did…
During arrests, during searches, and while they pass laws that aren't just. There have been many incidents of violent behavior towards citizens and even deaths due due police brutality during an arrest. On October 24th, 2004, Frank Jude was viciously beaten after leaving a party. As he proceeded to leave the party, two off duty officers accused him of stealing one of their wallets. Jude was repeatedly punched and kicked all over his head and body. He was also stabbed in both ears with pens and even an on duty officer began stomping on his head, leaving him unconscious and in really bad condition. When police arrived, he was not helped, but on the contrary, he was put in handcuffs and was asked questions at the scene instead of calling an ambulance to tend to his wounds. Later, he was escorted in a police vehicle to a hospital where he refused to speak until the police left. Even though these were off duty officers, they still demonstrated abuse of power because no has the right to beat and threaten another person because they are suspicious of something and they don't even have proof to back up their statements. Even the officer that was on duty, decided to beat up Jude instead of coming to his aid. When police arrived, they also decided to handcuff him instead of calling an ambulance to help him out. Police officers now believe that the authority given to them by the fact that they are police…
Citizens should have several rights to speak too because they might want to get their own good point of view/s out to the police and if the police have too much rights, they will have too much power to do whatever they like with no law to stop them which also might make people scared or frightened to even result into calling the police for assistance to help.…
All citizens of Canada have freedom and are entitled to rights. Canadian citizens can fight for their rights as long as they do it peacefully because violence is not necessary in a protest. Protests are held to express your concern. Canada has one of the greatest law enforcements. The police in our Country/city try to maintain the peace giving 100% to keep our country/city safe and peaceful. These police officers have the rights to protect citizens by any means necessary. If the protests get out of hand there are police officers to maintain the peace. Secondly, there are police officers to prevent people from vandalizing. Finally, there are police officers to protect people even if they are abused.…
Terry v. Ohio (1968) was a court case led by a conflict between a group of men and Officer McFadden. Officer McFadden was patrolling downtown Cleveland, when he noticed a group of men suspiciously wandering around. He decided to observe them. After, he watched them for a period of time. Officer McFadden decided to approach them, and introduced himself and asked their identification. The officer grabbed Terry and began to pat him down, until he found a pistol. The group of men were arrested. The question addressed in this court case was whether “stop and frisk” is constitutional or not. The Supreme court decided it was constitutional, only when the police is to be committed if the suspect is not stopped, and frisk is considered constitutional when the police believe they suspect is armed or dangerous.…
From 1950 to present day, Canada has been a role model and has progressed greatly by doing well for Canadians. Canada has made many efforts to develop and increase its reputation world-wide as a peaceful, just, and democratic society. During the post war period, Canada introduced the Human Rights by creating the Bill Of Rights. I will be talking about three defining moments on Human Rights during the post war that help build Canada status and make it free from discrimination, understanding Canadians, and a democratic society. Three defining moments during when the human rights was being introduced was The Canadian bill of rights, the Canadian human rights commission, and the partition of the constitution and the adoption of the Canadian Charter…
When the topic of Canadian rights and freedoms is discussed it is quite facile to state that we are well protected by legislation. The Canadian Charter of Rights and Freedoms secures our democratic rights, equality rights, legal rights as well as freedom of religion, and freedom of expression. Although, it is quite unfortunate that Animals are not given a legislation to protect them as well. It is true that they do not have a voice but even without saying a word it is visible that they are being stripped of the rights that they are entitled to. Animals do not exist for the purpose of clothing us, entertaining us and for testing out dangerous products before we get the final result.…