cases of Affirmative Action. I found them interesting. Fisher v University of Texas This is a case which concerns the affirmative action of an admissions policy of a Texas University. The Supreme Court voided the lower appellates court ruling in favor of the University. The Supreme Court ruled that the Fifth Circuit court of appeals has to reconsider the case. The University considers race as one of their factors for admission. Schuette v Coalition This case is about a University in Michigan that
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presumed unreasonable absent the presence of a recognized exception. U.S. v. Johnson. The Supreme Court has held that this is permissible‚ but only under certain circumstances. The first issue is whether Detective Davis (DD) committed a search when she went down to the basement. A search occurred if Bishop Short had a subjective expectation of privacy which society would deem to be reasonable (Katz v. U.S.) The defense would likely argue that the Bishop (B) had a subjective
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“Your Under Arrest “ a common phrase we have all heard before coming from the police. Currently with all the crime and violence in our society‚ the police has become an integral part of the modern everyday conversation. With some wondering whether or not they are following proper procedures and guidelines. One of today`s biggest controversies is‚ what are the proper policing procedures regarding an arrest and whether or not they’re being followed. What does “by the book” actually mean in today’s
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have heard the Miranda Rights being read: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney‚ one will be appointed for you.” (mirandarights.org‚ 2009) Although wording may vary‚ this is the basic message that officers need to be sure is understood by a suspect. In 1966 the Miranda Rights were created from the United States Supreme Court case of Miranda V. Arizona. When Ernesto
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Rhode Island v. Innis 446 U.S. 291 (1980) FACTS: Substantive Facts: Respondent was arrested on the night of January 12‚ 1975 for the robbery of Providence cab driver John Mulvaney‚ which lead to his murder. Mulvaney was shot in the head with a sawed-off shotgun‚ however no weapon was found present on the respondent at the time of his arrest. Upon the respondents’ arrest‚ respondent was informed of his Miranda rights by three police officers‚ to which he explained he understood those rights and
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the Fifth Amendment. Many times cybercriminals will claim that their Fourth and Fifth Amendment rights were violated when investigators conducted the initial or follow-up investigations. One such situation is the court case United States of America v. Richard D. King‚ Jr. which was argued in the Third Judicial Circuit in 2009. In this case the defendant argued that his Fourth and Fifth Amendment rights were violated when the investigators served an arrest warrant for an accomplice at his residence
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trouble. The Miranda are issued in 1966. This is also the amendment that protects citizens from manifest destiny. That is the federal government simply taking land or other property of citizens without giving anything back. In fact‚ the Constitution states that the owner shall be compensated a fair value of the item or items taken will be paid to the former owner. This is called Emient Domain. 5th Amendment Supreme Court Cases MIRANDA v. ARIZONA 1966 The
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Furthermore‚ Miranda warnings that are incomplete are inadmissible in court. The Fifth Amendment protects the alleged offender from incriminating themselves. Also‚ the Edward Rule provides protection when a person invokes their Fifth Amendment to counsel by declaring
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that started the fire‚ when she was arrested‚ without being read her Miranda rights. Patrice was questioned and confessed. She was then given Miranda warnings and questioned again with this statement being recorded. Upon conclusion of the second interview‚ Patrice was charged with first-degree murder of Donald Rector. History Patrice Seibert was charged with first-degree murder of Donald Rector. Due to not being read her Miranda rights when she was first arrested and then only after she had already
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false or illegally seized evidence to induce a confession 3. The Miranda Warnings: The Miranda Warning is a police warning which is given to criminal suspects who are in the custody of law enforcement in the United States before they can ask questions regarding what took place during the crime. Law enforcement can only ask for specific information such as name‚ date of birth and address without having to read the suspects their Miranda warnings. Confessions and other information that you provide
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