the Law focused on a right and how it affects the greater good of the population The book: 2.1 pg 46‚ Don’t know names of cases…study concept Law and individual Constitution protects individual but does not provide ultimate protection (state trumps individual) Are violent video games protected under first amendment? Concurring: yes they are protected‚ can’t create whole new category of speech that bans it specifically for children Speech is protected unless it incites a riot or violence
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identity and reason for the activity. This ensures searches and seizures by police officials are reasonable. Although there is Supreme Court precedent in the Illinois v Rodriguez case to oppose increased protections of people’s rights under the Fourth Amendment‚ the Right to Know Act should be passed into law because it would make the community safer for LGBT groups and people of color and the amount of unlawful searches that occur will decrease. The passing of the Right to Know Act will allow for
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Ct. 1680‚ 6 L.ED.2d. 1081 (1961( Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio. Statement of key Issues: 1) was the search of Mapps home a violation of the fourth amendment? 2) Was the evidence used against Mapps in court illegal? Facts: On May 23‚ 1957‚ three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone hiding out in their home‚ which was wanted for questioning
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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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by the New York Police Department‚ which grants officers the authority to stop and search pedestrians if/when the officer has reasonable suspicion that the person may be a danger to the community. The Fourth Amendment protects individuals against unreasonable searches. The amendment also states that no warrant shall be issued without a probable cause. The objective basis of the law is to conduct searches when there is enough evidence to back up the accusation or claim that is being made. Modern
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Sometimes an arrest has to be made in a protected place such as someone’s home. Under the Fourth Amendment‚ people have the right to be secure in their homes (Hall‚ 2014). Therefore they are protected places and a warrant would be required to legally enter and make an arrest unless the officer could justify an exception (Hall‚ 2014). The Fourth Amendment also specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall‚ 2014). It further
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2011 from http://caselaw.lp.findlaw.com/cgi- bin/getcase.pl?navby=case&court=us&vol=392&invol=1 Search and Seizure (n.d.). Retrieved 06 17 2011 from http://criminal.findlaw.com/crimes/criminal_rights/your-rights-search-and-seizure/fourth- amendment-reasonableness-requirement.html Exigent Circumstances. (n.d.) Retrieved 06 18 2011 from http://law.yourdictionary.com/exigent-circumstances
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“Invasion Of Privacy” Living in an era of increasing technology has made it much easier for a government to spy on its citizens. This paper seeks to examine why the United States government should not spy on its citizens with the use of the Patriot Act. Firstly‚ the United States citizens will believe that their liberties and freedoms are in jeopardy. Secondly‚ the government spends exorbitant amounts of money on a yearly basis to spy on its own people. Moreover‚ where is that money coming from
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people’s phones for crime or broken laws invading people’s privacy‚ and is it right? Some argue it is the right and first thing to do when it comes to this. Officials should not be able to unreasonably search people’s phones for it is breaking the Fourth Amendment. This violates any person’s right to privacy when officials take unreasonable searches on ones phone. For example‚ if one person has evidence on social media about their personal actions‚ officials should not be allowed to use it against them
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by the state. The elements of a crime are as follows: conduct‚ causation‚ unlawfulness‚ criminal capacity and fault (mens rea). What follows is an analysis to determine whether the deputy sheriff has any defense/s based
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