Adrian Solomon Social Studies 2015 T.L.O v New Jersey The 4th amendment states that people have a right to have privacy. If a police officer or any law enforcement comes to your house without a warrant and seized something in your possession they broke a law. Something like this happened in 1984. A teacher at a New Jersey high school discovered a 14-year-old freshman and her friend smoking cigarettes in school in violation
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would materially and substantially disrupt the work and discipline of the school”(Tinker v. Des Moines School District). This case justifies how important it is that the court repeatedly emphasizes the need to guarantee the absolute authority of the States and of the school officials‚ persistent with fundamental constitutional safeguards‚ to determine and control the conduct in the schools. Additionally‚ as expressed in the Bristol Student Handbook‚ “Access to the School District’s Technology is provided
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the rule is applicable to items or confessions (Hall‚ 2015). After reviewing the exclusionary rule I feel it should be applied to illegal arrests too‚ unless the police obtain sufficient evidence independent of the illegal arrest. In the case of State v. Eserjose police made an illegal arrest of the defendant for second-degree burglary; however‚ during an interview the Mr. Eserjose was read his Miranda rights‚ and he chose to waive his rights‚ ultimately confessing to the burglary (Ma‚ 2013). Subsequently
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1. Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant’s Sixth Amendment rights. a. Hearsay is an out of court statement offered in court to prove the truth of the matter asserted. The Hearsay Rule was developed in order to prevent unreliable testimony from being admitted in court and misleading the jury. Hearsay was considered unreliable because it was not given under oath‚ cannot be heard and observed by the jury‚ and cannot
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court. The court ruled that the fourth amendment rights didn’t apply in the school‚ and school officialsstill have to have reasonable suspicion not probale cause. Another famous case is the case TINKER Vs DES MOINES where two students wanted to protest the war by wearing arm bands. When the school officials saw what the two students were wearing the teachers demanded that the students take the arm bands off at once. The case got all the way to the United States Supreme Court. The Supreme Court
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attorney should be appointed to him under the 6th amendment the right to counsel ;however‚ the state of Florida decided that was for federal cases only. After Gideon lost his trial against the state of Florida Gideon found a way to take it further and appealed to the Supreme Court. Once Gideon appealed the supreme court took it from there mainly Hugo Black a justice that firmly believes that everyone deserves an attorney according to the 6th and 14th amendments in which he lost earlier in his career betts
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Supreme Court to conclude conflicting court decisions (9). Constitutional Question Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment (10)? Petitioner’s Argument An example of a search subject to the demands of the 4th amendment is a state-compelled collection and testing of urine‚ including the requirements of the Student Athlete Drug Policy‚ which was determined by the Skinner v. Railway Labor Executives’ Association 1989
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that the Constitution places on the National Government for the benefit of the States? • Guarantee Union a Republican Form of Government. • Protect each of them [States] from invasion and internal disorder. • Respect the territorial integrity of each of the States. 2. Explain the difference between an enabling act and an act of admission. • Enabling act: an act directing the people of the territory to frame a proposed State constitution. • Act of admission: an act creating the new State. 3. A. What
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recent occupant’s arrest (and therefore without a warrant) only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. In Thornton v. United States‚ 541 U.S. 615 (2004)‚ the Supreme Court held that
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search warrant and collected a second DNA sample from King that also matched the 2003 sample. King seeks to suppress the DNA evidence‚ arguing that his arrest and indictment for rape were invalid as an unreasonable search and seizure under the Fourth Amendment. Alonzo Jay King claimed that the DNA Act was unconstitutional. The Circuit Court for Wicomico County denied Alonzo Jay King motion to suppress‚ and upholding DNA Act and finding Alonzo Jay King guilty of rape and sentenced to life in prison
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