In the book, Lizzie and the Buckminster Boy by Gary D. Schmidt, Willis and Turner don’t get along very well, but as Mrs. Elia Hurd gets moved into the house for the feeble minded, they find a friendship.…
Anytime a question of jurisdiction is involved, it is important for agencies to work together and share information to solve the case. It is not uncommon for the Federal investigators to get involved in child abduction cases. In this particular case, Florida senator Paula Hawkins tried to get the FBI involved in the search for Adam Walsh. The FBI was reluctant to interfere in the case however. If Hollywood PD was searching for a suspect somewhere out of state then the feds would be more than happy to lend a hand (Standiford & Matthews, 2011, p. 149). In 1988, FBI Deputy Director Alan Burgess advised that the Adam Walsh case had entered into the new nationwide database known as VICAP, the Violent Crime Apprehension Program. The FBI-VICAP became the national repository for violent crimes, collating data on homicides, sexual assaults, missing persons, and unidentified human remains (Standiford & Matthews, 2011, p. 164). In 1988, the Walsh family received a letter from Toole confessing to the crime and trying to extort money in exchange for the location of Adam Walsh’s bones. The letter was given to Detective Hoffman and he filed the letter away citing a lack of physical evidence. Several years later, when the Walsh Family spoke to the Michael Satz at the State Attorney’s Office, he advised that he was not aware of the letter. The book demonstrated Detective Hoffman’s failure to share information based…
In 2009 Alonzo Jay King Jr. was arrested by the Maryland police for first and second degree assault. In the state of Maryland there is an act called the “DNA Act” which gives police the right to collect a suspects DNA. After Maryland police collected Alonzo King’s DNA they entered it into the states database and it immediately came back as a match to an unsolved rape case from 2003. Due to the match Alonzo King was convicted of the 2003 rape. After Mr. King was convicted Maryland’s highest court reversed that conviction, stating that the DNA evidence was not obtained properly during a reasonable search so it was not constitutional under the Fourth Amendment. They stated that King’s rights to privacy were deemed greater than the state of Maryland’s…
United States again there were accusations of law enforcement violating the defendants Fourth Amendment rights. In this case the Silverthorn’s were arrested at their homes on the morning of February 25, 1919, while the Silverthorns were in custody. Agent’s from the Department of Justice and the United States Marshals made a search without a warrant of the Silverthorn’s office in which they collected books, papers and documents. The evidence collected was photographed and copied by authorities. After a complaint by the Sliverthorns the originals were returned, however the copies were retained by authorities. New charges were filed against the Silverthorns from evidence collected from the copies and subpoenas were issued to produce the original documents. The courts ordered the subpoenas be complied with in spite of the fact the court’s ruling that the originals had been seized in violation of the parties’ constitutional rights. It is clear the authorities could not have arrived at the information needed to render charges against the Silverthorns without their illegal copies of wrongfully collected evidence thus making the copies “fruit of the poisonous tree.” The copies of all documents should have been returned along with the originals to the Silverthorns and further lawful investigation conducted in an effort to render new…
In this examination of United States v. Warshak 631 F.3d 266 (6th Cir. 2010), the primary focus will be on the constitutional issues regarding this case. First, an analysis of the defendant’s expectation of privacy, regarding e-mail communication. Next, an examination of the government argument concerning the potential invasion of the defendant’s Fourth Amendment right to privacy. Finally, an analysis of the case’s conclusion, and how the Stored Communication Act factored into the constitutionality of more than 27,000 items of e-mail evidence.…
Civil Rights Outline Contents Introduction 3 42 U.S.C. § 1983 3 Monroe v. Pape & Related Cases 3 11th Amendment 4 Exceptions to 11th Amendment State Sovereign Immunity 5 The 11th Amendment and § 1983 7 Suits Against Officers 8 Bivens 8 Rejecting or Limiting Bivens 8 Official Immunity 9 Absolute Immunity 10 Legislative Immunity 10 Judicial Immunity 10 Witness Immunity 11 Prosecutorial Immunity 11 Qualified Immunity 12 Sequence of Analysis (“The Order of Battle”) 13 Appealability of the Denial of Qualified Immunity 15 “Reasonableness” 15 Qualified Immunity Comparison with Liability Rules 17 Evolution of Qualified Immunity 17 Governmental Liability 19 Official Policy or Custom 20 Four Incoherences in § 1983 Law 22 Remedies for What Wrongs? 23…
Throughout our nation’s history, child abductions have become a concern that the federal government has taken action on in order to face this problem. Cases such as the Lindbergh Baby kidnapping and the ones before and following, were instances that caught the attention of the government and legislatures to solve this pressing issue and have criminals charged for their actions that not only affected the families of these victims, but the nation. The Lindbergh Baby case was the stepping stone for legislatures to pass a law that still plays a major role today in charging abductors. The federal government encounter with child abduction cases, such as the Lindbergh Baby case, and with the public’s sympathy and anger towards this crime, made them push forward a new law that still affects us today.…
What information from this source seems the most important? Note key points mentioned in the source. How privacy rights are superseded by reasonable suspicion.…
The author of this article is Daniel J. Solove. He discusses the different perspectives and opinions of various people of the government’s control of viewing personal information. The article demonstrates this through examples of what people say, book references, and the opinion of the article himself. In the article, “The Nothing to Hide Argument”, Daniel J. Solove argues that the information- gathering programs the government uses to track and record information from people are problematic.(739) This still remains the case even if the information gathered from these programs was information people did not mind being uncovered. (739).…
I chose to focus my analysis on Edward Snowden and his disclosure of classified domestic surveillance documents. When the leak first came out, I was upset at the thought of my privacy being violated by the NSA. However, the feeling dissipated when I considered the protection making that sacrifice affords. The NSA, like many organizations, are sometimes faced with ethical dilemmas. Occasionally, there is no right answer. Thus, the decision made, while not ideal, is the lesser of evils. In his TED talk interview, Snowden stated, “Your rights matter because you never know when you're going to need them” (TED, 13:20). While I admit his statement did trigger the reexamination of my stance, I arrived at the same position. Perhaps, I will look back…
For the past twenty or so years information has largely been stored in digital form, providing the current generation of digital natives with access to more and more information in recent years. With this new flow of information available to the public has come increased censoring by the government. However, this is not a new issue as some might believe. Since the first primitive government was established information has been shielded and manipulated from the every day citizens of the world by those in power. The cause fought against information censorship enjoys the same past. For as long as information has been censored there have been those who have fought against it (Newth, 2010). This issue has arisen particularly in the United States, as some believe access to any information that exists is a right protected by the Constitution.…
This right was intended to garauntee our privacy, however, the phrase “unreasonable search” is increasingly interpreted in many ways, causing confusion on what rights are garaunteed and those that are not. In Weeks v. United States, the Supreme Court…
“An understanding of the antecedent history of the Fourth Amendment is therefore important for an evaluation of the subsequent development of that amendment through judicial construction. History alone cannot, of course, provide the Supreme Court with clear guidance on all search and seizure questions up for decision, if only because the historical record is not always as clear as we should like it to be, and also because some issues raised under the Fourth Amendment such as the constitutionality of wiretapping or compulsory blood tests in criminal cases are of recent origin and could have been anticipated by those who drafted the Bill of Rights.” (p. 19 Landynski…
This paper will investigate the fourth amendment, unlawful search and seizure, and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored, explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be explored in detail. This court case set out to establish what was actually considered unlawful, and what guidelines must be followed to be considered lawful. The case suggests that because of probable case that a search would then in fact be lawful. But in this case it is discussed that even when probable cause is present, there is still factors that must be considered.…
This essay will critically examine entrapment in the light of judicial discretion and the courts power to stay proceedings. It shall also critically discuss the relationship between the two.…