Decision Date: December 7‚ 2008 ISSUES 1. Is it unlawful for an agency to require all public school students to undergo a search of their clothes‚ backpacks‚ lockers‚ and desks each morning? 2. Is it unlawful for an agency to permit random searches to take place of students’ clothes‚ backpacks‚ lockers‚ and desks? 3. Is it unlawful for an agency to give no notice or hearing prior to the enactment of new rules and regulations? 4. Is it unlawful for an agency to refrain from sending an interested
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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." According to Cornell University Law School‚ the 4th amendment “prohibits generalized searches‚ unless extraordinary circumstances place the general public in danger.” Contention 1: Domestic
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The Federal Bureau of Investigation faces ethical dilemmas on a regular basis while trying to balance protecting the country from terrorists‚ an individual’s right to privacy and over-stepping government intrusiveness. These ethical challenges have come to the forefront as the war on terror has been waged. First and foremost‚ the agency must work within Constitutional guidelines‚ federal law‚ and various state and local laws. By using a combination of guidelines to resolve ethical dilemmas proposed
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Question #1: Compare/contrast the different aspects of legislation that govern the Intelligence process. Areas to be taken into consideration is how Intelligence Oversight contributes to the overall process and areas that that you deem could be improved upon. The Intelligence Community (IC) has different legislations as well as executive powers to help govern the operation. Some of the legislation has been established to keep current with the time and technologies‚ while others have help protect
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More than 90 percent of American adults own a mobile phone‚ and more than half of the devices are smartphones. But “smartphone” is a misnomer. They are personal computers that happen to include a phone function‚ and like any computer they can store or wirelessly retrieve enormous amounts of personal information: emails‚ photos and videos; document files; financial and medical records; and virtually everywhere a person has been. On Tuesday‚ the Supreme Court will consider whether law enforcement
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because of probable cause. The search of the house was lawful because Ross gave his consent to search his residence The search of phoebe was lawful because the search was to ensure the safety of the officers performing the search. . Because of searches incidental to an arrest exception‚ this gives the officers the right to search Phoebe. The search of the table was lawful because they were looking for drugs and during this search a handgun is discovered. The handgun is loaded and stolen. Phoebe’s
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officer has probable cause can they evoke the plain view doctrine. Was the search reasonable under the fourth amendment? Fourth amendment: 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. Our opinion: We agree with the courts
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Bill of Rights Essay. The Billl of Rights are stated in the first ten amendments. This bill contains the rights of; freedom of religion‚ freedom of speech‚ freedom of assembly‚ freedom of petition‚ right to be protected from unreasonable searches and seizures‚ right to bear arms‚ right to not give housing to soldiers during peace time‚ freedom of the press‚ freedom to equal justice‚ and the right to freedom and security. These rights are used daily‚ because or their impact on american living. People
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Some similarities are that both courts issues sanctions‚ courts plea bargaining is often an option‚ the defendant has a due process rights in addition to unreasonable searches and seizures rights. Juvenile and adult offender receive Miranda rights at time of arrest.(Bartollas‚ Miller. 2008). Both courts use proof beyond a reasonable doubt as a standard for guilt or innocence. Boot camps is an option for both juveniles and adult offenders. Juvenile and adult courts have their crimes classified as
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investigative stop and a “frisk” was required. Frisk‚ The Court distinguished between a “stop” and an ‘arrest’ and between a “frisk” and a ‘”search.” A frisk was defined as a patting down of outer clothing‚ whereas a search is an exploration for evidence. Seizure of property occurs when there is some meaningful interference with an individual’s possession of that property. ( Albanese‚ J.S‚ Criminal Justice‚ 5th edition ‚p. 163) So how does the action of these men warrant probable cause? If the strange actions
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