pursuit. Scott v. Harris was a case heard and ultimately decided by the United States Supreme Court. This case involved a grievance against a law enforcement officer brought on by a motorist who was paralyzed after the officer ran his evading car off the road during a high-speed chase. Harris argued that this act of aggression was an unreasonable seizure under the Fourth Amendment. The court case also implicated the matter of whether Officer Scott’s qualified immunity protected
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enforcement officers before they can arrest an individual as well as search with or without a warrant. Reasonableness refers to the standard of searches and seizures to be valid under the Fourth Amendment. Katz v. United States (1967) is the case that demonstrated a change in the interpretation of the Fourth Amendment. Instead of a focus on protecting property‚ there is more of a focus on protecting privacy. Probable cause to conduct a warrantless search is held to a higher standard of probable cause
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the bad faith intent to avoid the requirement to obtain a warrant prior to the search? No. The legal test in this case should be objective‚ based on the application of objective standards of conduct‚ rather than on standards based on the subjective state of mind of the police. 2. Reasonable Forcibility: May the police rely on an exigency if it was reasonably foreseeable that police tactics would create the exigent circumstances? No. The Court rejects the notion that the police may seize evidence without
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The USA Patriot Act of 2001 is legislation that was sponsored by President Bush and his administration following September 11th. It is to allow increased responsibilities for the criminal justice system and other agencies. “The USA Patriot Act has ten sections or titles outlining new powers for government operations.” (White 2014 p. 393) “Title II‚ designed to improve surveillance. Grands authority to federal law enforcement agencies to intercept communications about terrorism‚ allows searches
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Arizona v. Gant PALS480-Capstone June 20‚ 2012 The Parties • Plaintiff – State of Arizona • Defendant – Rodney Gant • Appellant – State of Arizona • Respondent – Rodney Gant Procedural History • Respondent‚ Rodney Gant‚ was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle‚ but did
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attention to is Sandridge verses State‚ Court of Appeals. Two officers‚ responding to a phone call‚ are refused entry by Steven Sandridge. They forced the door open and wrestled Steven to the couch. At the couch Steven was chemically sprayed and cuffed. He argued in his appeal that he was wrongly arrested by the officers who forced entry without a warrant. The Court of Appeals found that entry was lawful under the Fourth Amendment: Article 1 Section 11 of the Indiana Constitution. At the time the police
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The Possibilities of Privacy in the 21st Century Eileen Cordova ENG 122 Instructor Nikkele Shelton January 7‚ 2013 Privacy is perhaps one of the most personal issues in today’s society. Privacy is an intensely personal issue‚ and perhaps not only to the right of the individual to dress the way he or she desires‚ worship in any way he chooses‚ but also to expect that those rights be protected by the government that upholds them. At one point or another‚ every individual in our society has
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messages and three million phone calls collected per day to detect terrorist attacks before it happens (King 1). Some attacks are stopped before it happens but there are some that aren’t. Let’s take 9/11 for example‚ nineteen hijackers attacked the United States by flying four commercial airlines into the North and South Twin Tower (piloted by Mohamad Atta and Marwan al Shehhi ) ‚ the Pentagon Building in Washington (piloted by Hani Hanjour )‚ and a Field in Shanksville‚ Pennsylvania (piloted
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distinguished between an investigatory "stop" and an arrest‚ and between a "frisk" of the outer clothing for weapons and a full-blown search for evidence of crime. Terry and Chilton were found guilty‚ an intermediate appellate court affirmed‚ and the State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was
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facts related to authority‚ he or she has a duty to investigate further before relying on the consent.” United States v. Kimoana‚ 383 F.3d 1215‚ 1222 (10th Cir. 2004). Even when consent is accompanied by an explicit assertion of residency‚ if the surrounding circumstances cause a reasonable person to doubt the party’s authority‚ the officer must proceed with further inquiry. United States v. Rosario‚ 962 F.2d 733‚ 738 (7th Cir. 1992).
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