summary of the contents of the document.] | Cruller v. Florida Cruller v. Florida is a case that arose as a function of the Florida state court system. The case was presented to the Florida Supreme Court on a certified question to resolve a case law conflict between sister courts of different appellate districts. The case initially arose from a violation two state criminal statutes‚ armed robbery and car-jacking The defendant /appellant appealed his conviction to the Third District Court of
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Discussion of Search Warrants and Probable Cause Larry Brueland AIU Online ABSTRACT This paper will review the definition and discuss the process in which a search warrant is obtained in accordance with the Fourth Amendment requirements. We will also show the definition of Probable Cause and the standards for which it is met. There are seven types of searches that do not require a warrant. We will list these seven types of searches‚ but will discuss only two in full detail. As part of the
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Principles and Articles 1 Principles and Articles of the United States Constitution Grand Canyon University: POS-301 October 6‚ 2013 Principles and Articles 2 Principle Description Authority in Constitution Self-Government This is a democratic form of government whereby the people exert some form of control over the government of their country or state. The framers of the constitution fearing tyrannical rule by the majority in a direct democracy formed the U
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Distinction between a written and unwritten constitution is not real. There is no constitution which is either wholly written or entirely unwritten. All written constitutions grow and expand if they are to endure and serve their purpose. The real constitution is a living body of general prescriptions carried into effect by living persons. No constitution can ever be a strait-jacket. Nor can it be ever in the mind of the constitutional fathers to work out in all details a complete and final
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The fourth amendment was created by experience‚ unwanting of a rebellion‚ and more freedom than the british offered when the U.S. were colonies. “The first colony to pass a law against this practice was Massachusetts circa 1756. A great deal of strife ensued‚ and in what was telling about the practice‚ the King’s top lawyer‚ James Otis‚ resigned in opposition to the practice of general warrants”(Why Do We Have The Fourth Amendment?). This shows that even when they were colonies they had the determination
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A constitution is a set of fundamental and fortified rules‚ which govern the conduct of a nation‚ by establishing its approach and system. A constitution can be either codified or un-codified‚ it defines the principles that society should conform to. The constitution controls the government by limiting functions of different departments‚ while the word constitution has a variety of meanings. Bolingbroke stated in 1733 that: “By constitution‚ we mean‚ whenever we speak with propriety and exactness
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concept of search warrants‚ probable cause‚ and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret‚ define‚ and support the legal justification of warrants‚ probable cause‚ and searches. The definition of a search warrant is a judicial document that authorizes police
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Law enforcement officers in the United States often perform “Terry stops”‚ as part of the work routinely associated with police patrol. In policing the term “Terry Stops” which refers to the “stop and frisk” practice‚ was coined in 1968‚ and derives from the Supreme Court case Terry v. Ohio‚ 392 U.S. 1(1968) . In that landmark case‚ it was ruled that the Fourth Amendment constitutional right‚ made applicable to the States through the Fourteenth Amendment‚ that prohibits “unreasonable searches and
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(1967) II. Procedural History: Charles Katz was convicted under a federal statute of transmitting wagering information by telephone across state lines. The court of appeals affirmed the conviction. The Supreme Court granted certiorari and reversed. III. Facts: The petitioner‚ Charles Katz‚ was charged with conducting illegal gambling operations across state lines in violation of federal law. In order to collect evidence against Katz‚ federal agents placed a warrantless wiretap on the public phone
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What would we do without the Fourth Amendment? The fourth amendment actually states that it is “the right of the people to be secure in their persons‚ house‚ papers‚ and effects‚ against unreasonable searches‚ and that they shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized.” This means that there has to be a legitimate reason that fulfills the warrant
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