New Jersey vs. T.L.O. The Fourth Amendment states that “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized”. But‚ does this Amendment apply to students in the public school systems? The officials at Piscataway High
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EDGEWOOD COLLEGE – BUSINESS LAW I Employee Drug Testing Violation of Constitutional Rights Judd‚ Jennah 9/18/2014 Introduction: The word "privacy" means many different things to different people. One widely accepted meaning‚ however‚ is the right to be left alone. The composers of the Constitution and the Bill of Rights embraced this meaning and it is referenced many times throughout both documents. This right is now under attack by Private employers who use the power of the paycheck to tell their
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Criminal Procedure 1-15-14 Chapter 2. Confessions and Interrogations A. Voluntariness of Confessions -based on the 14th amendment that contains both the Privileges and Immunities Clause‚ DPC (Due Process Clause) and the EPC (Equal Protection Clause). Whether the accused’s will was overborne at the time he confessed? Ct. look at a totality-of-the circumstances analysis- 1. The conditions of the interrogation a. Use of force or threat b. Promise of favor c. Deception or trickery regarding
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Facts During the fall of 1988‚ staff members of a public hospital located in the city of Charleston by the Medical University of South Carolina (MUSC) became concerned by “an apparent increase in the use of cocaine by patients who were receiving prenatal treatment.” (Samaha‚ 2012‚ p. 252) In response to the increasing number‚ in April of 1989‚ MUSC instituted a drug testing policy. Women who came into MUSC that presented suspicion of drug use were subjected to the drug screenings. If the tests
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items to each other‚ but drawings do a great job of this. Photos and videos are nice because they give you a fantastic visual of what the scene actually looked like. 3.) Chain of custody is the chronological documentation or paper trail‚ showing the seizure‚ custody‚ control‚ transfer‚ analysis‚ and disposition of physical or electronic evidence. The chain of custody is very important to make sure that all obtained evidence isn’t lost or tampered with‚ and if it is they are easily able to track where/when
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Florida v. Harris: “Free air sniff” On June 24th‚ 2006‚ an officer from Liberty County‚ Florida‚ Sheriff’s office (Officer William Wheetley) made a traffic stop after noticing an expired license plate on a man named Clayton Harris’ truck. After making the stop‚ Officer Wheetley noticed that Harris appeared to be nervous. In addition‚ Officer Wheetley spotted an open beer can inside the vehicle. Officer Wheetley then requested to search Harris’ truck. Harris refused to cooperate leaving Officer
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refers to an American citizen’s expectation of privacy. Probable cause is usually needed by law enforcement officers before they can arrest an individual as well as search with or without a warrant. Reasonableness refers to the standard of searches and seizures to be valid under the Fourth Amendment. Katz v. United States (1967) is the case that demonstrated a change in the interpretation of the Fourth Amendment. Instead of a focus on protecting property‚ there is more of a focus on protecting privacy
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What type of search/seizure constitutes an encroachment on a person’s privacy is also a concern regarding warrant requirements; the reason warrants are needed are to protect people’s privacy‚ but if the search/seizure does not constitute an invasion of privacy‚ then a warrant is no longer required (e.g. A warrant is not needed to use hair color as evidence since it is
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There isn’t really any change on how states interprentate the Color of Law. But this is what they do agree upon…. Title 18‚ U.S.C.‚ Section 242 Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law‚ statute‚ ordinance‚ regulation‚ or custom to willfully deprive or cause to be deprived from any person those rights‚ privileges‚ or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person
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The most famous case in U.S. history is the Terry v. Ohio . The Terry v. 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
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