In Wilson v. Arkansas‚ 514 U.S. 927‚ 934‚ 133 L. Ed. 2d 976‚ 115 S. Ct. 1914 (1195)‚ this court recognized that the “flexible requirement of reasonableness should not be read to mandate a rigid rule of announcement that ignores countervailing law enforcement interests.” The circumstances surrounding the execution of the warrant reveal that Richards was most likely in possession of drugs at the time the officers arrived‚ and that Richards’ act
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Mapp v. Ohio‚ noteworthy court case of 1961. The US Supreme Court decided that when the state officers attained evidence through illegal searches and seizures might not be admissible into criminal trials. The case was about a Cleveland lady‚ Dolly Mapp‚ who was held for having obscene materials. Law enforcement had learned the materials in Dolly Mapp house during their illegal search. When the state convicted‚ Dolly Mapp appealed to the U.S. Supreme Court. Her argument was that her constitutional
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responsibility to create rules of interpretation‚ which are not really rules but are different approach to interpret statutes which are created by Parliament. For example‚ the literal rule is used to interpret a statute to its literal meaning which is stated. Then we have the golden rule‚ which is used to interpret the statute‚ if meaning is construed through the literal meaning‚ to alter the meaning to not be absurd‚ as the will of Parliament. The third rule is the mischief rule‚ as laid down in Heydon
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02/17/2012 4.1 Search and Seizure The most famous search and seizure is Mapp v. Ohio. This case happens back in 1961‚ March 29 and end on June 19‚ 1961. Which were an unreasonable searches and seizures what relates on the fourth Amendment. When the police received a tip that Dollree Mapp and her daughter were harboring a suspected bombing fugitive‚ they immediately went to her house and demanded entrance. Mapp called her attorney and under his advice she refused to give them entry because they
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and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached its duty care to Wayne. RELEVANT LAW/RULES To determine if there has been a breach of duty the standard of care needs to be considered. The standard of care is set out in section 9 and 10 of the The Civil Liability Act 2003 (Qld). Section 9 sets out the general principles. These include
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Why Ted? Theodore Robert Cowell‚ better known to the world as Ted Bundy‚ was a serial killer in the United States during the 20th century. It is unknown exactly the number of victims Ted had during his killing spree but himself has been quoted as admitting to at least 30 murders crossing seven different states. Authorities ae under the assumption that Ted could be responsible for over a hundred murders during his life. To this day‚ it puzzles authorities as to how Ted could continue his heinous crimes
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The court stated that the exclusionary rule also applies to states‚ meaning that states cannot use evidence gained by illegal means to convict someone. Clark argued that the Fourth Amendment strictly implies that the use of evidence obtained in violation of the amendment is unconstitutional
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Modus operandi is the way that they offenders do things‚ you see more of it with people that do the same time over and over‚ An offenders pattern of operation. method of preparation for crime‚ They would have a motive that could trigger them. Rules/approaches to crimianal investigation‚ the fouth amendment address the unreasonable search and seizure. You have to make sure you do things the right way because you would want the people who did the crime just because you did not go about getting
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“All laws are rules but all rules are not laws” The fact that all laws are rules but all rules are not laws can be wholly feasible. According to the Merriam-Webster dictionary‚ a “law” is outlined as an enforceable body of official rules and regulations‚ established by people in authority who use them to govern the affairs of people in a society whereas a “rule” is a special category of law written by state agencies to support‚ clarify‚ or implement specific laws enacted by the legislature called
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