Facts: Judd approached the defendant in an attempt to calm him. The defendant then punched Judd in the face. A brief fight ensured between Judd and the defendant during which a shelf with ceramic mugs fell on the floor and shattered. Doucette, Anderson and Potkaj attempted to break up the fight. Anderson and Potkaj grabbed Judd by his arms to restrain him while Doucette came up behind the defendant and wrapped his arms around him to stop the fight. The defendant broke free from Doucette and attacked Judd again. Judd freed himself from Potkaj and Anderson in response to the defendant’s attack and punched the defendant again. The defendant then picked up a kitchen knife with an eight inch blade from the counter and strode six feet from the counter toward Judd, swinging and stabbing with the knife.…
Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…
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…
At the trial, no search warrant was produced nor was the failure to produce one explained. Mapp appealed to the US Supreme Court for a reversal of her conviction because they searched her house illegal under the U.S. Constitution. Mapp’s lawyer was present but could have no contact with her. The officers supplied a fake search warrant. The officers attacked Mapp to get rid of the fake search warrant. They found “lewd and lascivious book and pictures” which were not related to the original reason to enter the house where the bomber was supposed to be located.…
4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…
Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…
Mapp v. Ohio, 367 U.S. 1081, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961)…
One of the many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is, is a basic pat down of a suspects outer clothing, searching for weapons. The name came be known by a Superior Court case in the 1960’s, known as Terry v. Ohio.…
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…
In the 1920s, American stardom was on the rise. With the birth of the movie “star”, the public was more focused than ever on Hollywood. The crowds rejoiced when actors and actresses made blockbuster movies, but came down with harsh criticism if this perfect image was shattered. This is evident in the case of Virginia Rappe, a popular silent film actress who died in the days following a party with the biggest star at the time, Roscoe “Fatty” Arbuckle. The case was based on the assumption that her death, caused by a ruptured bladder, was due to being raped by Arbuckle. This case was filled with many conflicting testimonies along with the influence of the press making the persecution of Arbuckle impossible.…
Florida v. Bostick was a felony drug trafficking case which set precedence to the legality of random police searches of passengers aboard public buses and trains pertaining to said passenger’s fourth amendment rights. Shortly after boarding a bus departing from Miami headed for Atlanta, Terrance Bostick was approached by members of the Broward County Sheriffs department acting as part of a drug interception task force and without particularly suspicion was questioned by officers. Broward county sheriff officers advised Mr. Bostick of his right to not consent to a search of his personal belongings and then asked his permission to carry out the search. Terrance Bostick granted sheriffs officers request by consenting to the search which revealed a felonious amount…
The Terry v. Ohio case took place on December 12th of 1976. The case was filed by John Terry who claimed that his arrest resulted from an invasion of his privacy. Terry believed that Officer McFadden violated his 4th Amendment rights, which protect citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agents.…
Case: Near v. Minnesota 1931 U.S. Supreme Court Parties Jay Near (Plaintiff) State of Minnesota (Defendant) Facts: A publication, The Saturday Press, published an article alleging that City officials of Minneapolis were complaisant with gangsters who were engaged in illegal activities in the city. A Minnesota law was in effect which allowed the state courts to enjoin a publication which was engaged in a public nuisance. To be a nuisance the publisher had to be printing material that was malicious, scandalous, and defamatory.…
In the year 1971, two parents whose names were Jonas Yoder and Wallace Miller who were of the Old Order Amish religion and one parent whose name was Adin Yutzy who was of the member of the Conservative Amish Mennonite Church were accused under a Wisconsin law that stated all students under sixteen should go to school. The Parents all believed it was against their religious beliefs for their children to go to high school and they refused to send their children to school.…
The land mark Supreme Court ruling on Mapp v Ohio changed the way people thought of the fourth amendment and how it could be applied to protect the individual form unlawful search and seizure. Previously the law surrounding the fourth amendment’s protection from unjust searches was extremely enigmatic. Its application varied form case to case until the Weeks rule was enacted in 1914. The Supreme Court ruled that evidence obtained via an illegal search and seizure was not admissible in federal court. However the Supreme Court did not make the states adopt the Weeks rule. The legal loop hole it created made it legal for states to present and prosecute with evidence detained in an unconstitutional tactic. In Mapp v Ohio a case that brought all the questions into the spotlight. On May 23, 1957, three Cleveland police officers arrived at appellant's residence in that city perusing information that "a person [was] hiding out in the home, who was wanted for questioning in connection with a recent bombing, and that there was a large amount of policy paraphernalia being hidden in the home." Ms. Mapp was living with her daughter when the police officers arrived and demanded entrance to her home. After consulting her attorney she did…