Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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Criminal Justice 1 Case Review October 16‚ 2013 Terry Brice Horton v. California Argued February 21‚ 1990 496 U.S. 128‚ 110 S. Ct. 2301‚ 110 L. Ed. 2d 112 (1990) The defendant’s armed robbery conviction was upheld by the California Supreme Court‚ the defendant then petitioned the writ of certiorari‚ which is a decision by the Supreme Court to hear an appeal from a lower court. Justice Stevens then held that “Fourth Amendment does not prohibit warrantless seizure of evidence of crime
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Helen Palsgraf‚ Respondent‚ v The Long Island Railroad Company‚ Appellant. Court of Appeals of New York Argued February 24‚ 1928 Decided May 29‚ 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. R.R. Co. [*340] OPINION OF THE COURT CARDOZO‚ Ch. J. Plaintiff was standing on a platform of defendant ’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station‚ bound for another place. Two men ran forward to catch it. One of the men reached the
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Mapp v. Ohio‚ 1961 According to the Court’s decision‚ why may illegally seized evidence not be used in a trial? Justice Tom C. Clark wrote on the courts behalf saying that it was logically and constitutionally necessary that the exclusion doctrine be insisted upon‚ even in the states. This doctrine is essential to the right of privacy‚ therefore evidence that is found illegally without a warrant must not be used in a trial‚ for this would be unconstitutional. Why‚ according to Justice
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Mapp v. Ohio On May 23‚ 1957‚ police officers in a Cleveland‚ Ohio suburb received information that a suspect of a bombing case‚ as well as some illegal betting equipment‚ might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter‚ but Mapp refused to let them in without a search warrant. Two officers left‚ and one remained. Three hours later‚ the two returned with several other officers with a piece of paper and broke in the door. Mapp asked
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1. Caption and Procedural History Marbury v. Madison‚ Supreme Court of the United States‚ 1803 Justice Marshall wrote the majority opinion; he was joined by Paterson‚ Chase‚ and Washington. Justice Cushing and Moore did not participate. This case was originally tried in the Supreme Court of the Unites States. Marbury requested the Supreme the Court issue a writ of mandamus to compel James Madison to deliver the commissions issued by former President John Adams. 2. Facts Just before finishing
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1. Sarah Vowell reverses her friend’s assertion of Canada not being inspirational by writing about the Royal Canadian Mounted police‚ and how they are different from American cowboys who were taught to shoot any Indian that approached camp. The Mounties knew to avoid America’s problem with the western Native American tribes. She compares Canada’s one law for everyone to the America that always spoke of equal rights‚ yet they still have a lot of work to do about it. Although Canada may seem like a
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Loving v. Virginia Loving v. Virginia tells me in this case that the Constitution of the United States then were unfair and unjust to the Loving Family. Here we have two people of different race‚ obviously in love and married. Although the state of Virginia had its own objective concerning interracial marriages‚ I feel that our Constitution should have enforced what laws were emplaced within The Constitution of the United States. That’s why they were written to protect and to keep good law and
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bearer instrument refers to an instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone; it is the same as cash.” Analysis: Part 1 1. Falsely making or altering any signature to‚ or any part of any written purporting to have efficacy. 2. Intent to injury or defraud. Part 2 1. Did the client alter any signature to have legal efficacy. 2. Did the client intent to injure or defraud. Part3 Didn’t identify any counterarguments further research
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TENNESSEE v. Cleamtee GARNER‚ et al. 471 U.S. 1‚ 105 S. Ct 1694‚ 85 L.Ed.2d 1 Argued Oct. 30‚ 1984 Decided March 27‚ 1985 A case in which the court ruled that a Tennessee “fleeing felon” law was unconstitutional because it legalize the use of deadly force by police when a suspect poses no immediate threat to the police or others. The court ruled that the use of deadly force was a Fourth Amendment seizure issue subject to a finding of “ reasonableness.” Father‚ whose unarmed son was shot
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