Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find‚ not acknowledging the rights of the people. The courts decision was 8-1‚ meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case‚ police
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or contraband‚ Right of Access to it‚ no need to be inadvertently discovered. Probable cause- Totality of circumstances and reliability factors from Aguillar/Spinelli/Gates 5th Amendment right to counsel- Right to counsel all questioning must cease unless they initiate further contact with the police. 5th Amendment right to Counsel- The testimony need only furnish a link in the chain of evidence against them‚ if a witness. Since they are not D’s they cannot refuse to take the stand‚ they would
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first case the suspect’s Fourth Amendment rights were not violated. The police had probable cause to arrest the suspect because he was acting weird and fit part the description of the suspect spotted in the previous crimes. Since the police were arresting the individual‚ they are able to search the suspect prior to arrest. The search was reasonable and had probable cause. In second case the suspect’s Fourth Amendment rights were violated. According to the Fourth Amendment the police must have a warrant
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administration of justice. It is important to protect the rights of all individuals accused of wrongdoing especially when it comes to self-incrimination‚ and the assertion of their Fifth Amendment rights. Just as it is important to protect these rights for the citizenry‚ which allows them to invoke the Fifth Amendment‚ it is important to afford law enforcement officers the same rights and protections against self-incrimination. Regrettably‚ there are times when it is necessary to investigate officers
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New Jersey vs. T.L.O The Supreme Court has a long history of upholding citizens’ protections against unreasonable searches and seizures a right guaranteed by the 4th Amendment. In 1914‚ the Court ruled that evidence obtained by police illegally is not admissible in federal court a practice known as the exclusionary rule. In 1980‚ a teacher at Piscataway High School in Middlesex County‚ New Jersey‚ found T.L.O. and another girl smoking in a restroom a place that was by school
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of Action: This Criminal case in which the Maclaughlin claimed that his Fourth Amendment was violated due to the 48 hours arraignment for Probable cause. Facts of Case: Offender MacLaughlin started a legal claim‚ affirming that the County’s routine of consolidating arraignment with a determination of reasonable justification for individuals subject to warrantless arrest was not adequately provoke under the Fourth Amendment. By and large‚ arraignments must be held inside forty-eight hours of arrest
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Should recipients of welfare be forced to take drug tests? States have been proposing this very thing since the federal welfare reform in 1996. Sentiments from many who are supportive of the legislation seem to be in agreement that they do not want tax dollars spent on drugs and that if you have enough money to buy drugs then you don’t need public assistance. One popular belief is that this will save wrongfully spent tax dollars and shift it to those who need it and are trying to do the right thing
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What does “by the book” actually mean in today’s constitutional law. I plan on elaborating on this topic and give a concise description of everything that goes on in a "proper" arrest. An arrest can be legally made with an arrest warrant. The Fourth Amendment stresses the importance of having an
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In contrast the distinguish between stop from as arrest is difficult to determine. However‚ it is imperative because of the different procedure that must goes into effect before a Terry stop occurs. For instance‚ a stop procedure must be determine by a reasonable suspicion and probable cause. According to the case of Flordia b. Royer‚ 460 U.S. 491 (1983) give an distinguish of a Terry stop and arrest. In this case it share some information about a man that is know as a drug dealer stop by and officer
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blood indicated that the blood alcohol level was significantly above the legal limit. McNeely had challenged the blood test evidence claiming that there should have been a search warrant before ordering a blood sample. II. Legal Provisions 4th Amendment III. Legal Questions Does the natural dissipation of alcohol in the bloodstream establish an exigency that suffices on its own to justify an exception to the warrant requirement for nonconsensual blood testing in all drunk-driving investigations
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