there was no entrance into his home to get the recordings Issue: Is the government’s evidence enough that a jury could‚ without a reasonable doubt‚ charge Kratz with the crime at hand? Rule: The fourth amendment protects against unlawful searches and seizures‚ and follows a person not a place. Analysis: In a public surrounding a
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PSD is trained to assist people with an emotional or psychiatric disability. This dog assist with detecting the onset of a psychiatric episode and help to lessen their effects. They can bring their handlers medicine‚ provide safety checks or room searches‚ turn on/off lights‚ interrupt self mutilations‚ and keep disoriented individuals from danger. In order for a person to obtain a PSD they must be prescribed by the person’s licensed therapist in a properly formatted letter clearly stating their immediate
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Probable Cause - Criminal Procedure Tommy Sanford CJA353 Criminal Procedure (BSAO0TOKUS) Lawrence Binkley November 21‚ 2010 Abstract This paper will discuss and analyze the requirements for search and arrest warrants based with regard to probable cause. I will post a recent news regarding probable cause and will discuss exceptions to warrant requirements. Probable Cause - Criminal Procedure Probable Cause In order for an officer to search a person they must have some sort of reason
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big debates going on right now are‚ Government Surveillance and Technology‚ this debate covers whether police need a warrant to track a suspect’s car using GPS. The issue involves the Fourth Amendment‚ which protects against “unreasonable searches and seizures.” Civil Liberties and Terrorism Suspects‚ which has been debated whether terrorism suspects deserve the protections accorded by the Bill of Rights. The Supreme Court ruled in 2008 that they have the right to challenge their detention at Guantanamo
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Cristina Piccariello COMS 400-01 April 16th‚ 2013 COMS 400 Zurcher v. Stanford Daily 436 U.S. 547 (1978) Facts The Stanford Daily‚ the respondent sought to enjoin Zurcher‚ the petitioner for abridging the newspaper’s constitutional right of possessing photographs and a report on a demonstration at a hospital. A warrant was issued from Zurcher to search The Stanford Daily for the demonstration photos based on probably cause. The paper then filed a suit claiming the warrants were unconstitutional
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The USA Patriot Act and Its Negative Effects on the Civil Liberties and Constitutional Freedoms Christopher Smith Expository Writing TTH 2-350pm California State University San Bernardino Abstract The catastrophic events that took place on September 11‚ 2001 opened America’s eyes to the realization that we are not as safe as we believed. Hi-jackers took control of four commercial jets with sole intentions of causing destruction on American soil. Three of the planes reached their targets
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warrant is dependent upon: a. a triggering condition. b. reasonable suspicion. c. reasonable suspicion and a triggering condition. d. witness testimony and reasonable suspicion. 2. For Fourth Amendment purposes‚ a seizure of property occurs whenever there is a(n) a. invasion of a constitutionally protected area. b. interference with a person’s possessory interests in that property. c. interference with a person’s reasonable expectation of privacy
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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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explained by the nation’s respect and admiration of democracy and the American way. There are a lot of people who are against racial profiling because racial profiling violates the 4th amendment of the Constitution‚ which prohibits unreasonable searches and seizures without a court-issued warrant and probable cause. Therefore‚ racial profiling violates the 14th amendment‚ which grants all American citizens‚ the right to Due Process and Equal Protection under the law. Research shows that people of color
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Silverthorne’s company and conducted a thorough search of all property‚ to include books‚ papers and documents. In addition to the search and seizure‚ the Marshals made copies of the entire broadsheet evidence collected. This evidence found did reveal that the company did not pay its appropriate taxes. Similar to the Weeks’ case‚ these defendants claimed that the search and seizure was a violation of their constitutional rights – the Fourth
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