Chapter 5 is called "Searches for Electronically Stored Information and Electronic Surveillance." It examines how technology has changed the way information is exchanged and stored. Electronically Stored Information (ESI) searches follow the Fourth Amendment‚ like traditional searches do‚ and require a warrant. This type of information includes data such as computer files‚ computer programs‚ memory cards and sticks‚ CDs and DVDs‚ servers‚ floppy disks‚ tablets‚ thumb and jump drives‚ tape media
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Amendments The Amendments in the Constitution are very helpful. Each one is useful in making sure everyone is treated fairly and everyone gets rights. The 4th‚ 5th‚ 6th‚ and 8th amendments are the ones I will explain today. They each play a specific role in making sure nobody is treated unfairly. The 4th amendment protects people from the government searching through your things without a reason. For example‚ if somebody was walking down the street with a backpack on and the police walked by and
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Stop and frisk is very beneficial because the law enforcement officers has a reasonable suspicion to stop an individual if a crime has occurred or plan to occur. “Stop and frisk is essential to the probable cause and warrant requirements.” (Hall‚ p. 415‚ 2015). Many times law enforcement officers do not follow the stop and frisk and abuse the law by doing the opposite by following the law. It is important that law enforcement take authority when necessary instead of making citizens feel unsafe and
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Stop & Frisk is a procedure done by police officers to search for weapons or any items that can cause harm to others. If the officer has probable cause and feels like the person is going to commit a crime or has a weapon‚ then they will go to the person to do a stop & frisk. The officer stops the person and runs his/her hands over the person’s outer clothes to see if they do in fact have a weapon. The search is supposed to be done very carefully and lightly to not overstep any boundaries or rights
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In America there’s has been a lot of actions that the police have been used on citizens and innocent bystander. One of these actions are called “Stop and Frisk”‚ which has been used a lot these days‚ specially in New York. “ Stop and Frisk” means to be randomly search by police or a high authority when they suspect a bystander is carrying something suspicious. At times " Stop and Frisk” can be helpful at times ‚ but not most of the time ‚ and in some cases it has been believed to be used
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On 10/24/2016‚ I‚ Dillon Dickerson‚ badge #155‚ was working as a Patrol Officer for the Wichita State University Police Department‚ in Wichita‚ Sedgwick County‚ Kansas. At approximately 0125 hours I was dispatched to the area of Perimeter and Physical Plant to assist Officer Tener #147 and Sgt. Garwood #126 who were checking the welfare of an indivudal. I arrived to this area at approximately 0128 hours. I noticed a white male sitting on the curb yelling and banging his fist on the ground. I walked
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Curtilage is the immediate area surrounding persons home (Hall‚ 2014). This area is considered part of the home and is afforded the protections of the Fourth Amendment (Hall‚ 2014). Open fields is a doctrine that states certain areas around ones home are not considered curtilage‚ and therefore these areas are not afforded the same protections under the Fourth Amendment (Hall‚ 2014). The U.S. Supreme Court has stated the areas considered to be open fields are areas law enforcement can encroach
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In the Bill of Rights‚ there are a total of ten amendments. Only four of those are called The Rights of the Accused. Amendment four‚ five‚ six‚ and eight are classified as The Rights of the Accused. Without these rights‚ nobody would know their rights while being arrested. Amendment four states that police or officials can search your vehicle or property without a reason. Without this amendment‚ your privacy would be invaded. This amendment provides you with the protection and not to be invaded by
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In contrast the distinguish between stop from as arrest is difficult to determine. However‚ it is imperative because of the different procedure that must goes into effect before a Terry stop occurs. For instance‚ a stop procedure must be determine by a reasonable suspicion and probable cause. According to the case of Flordia b. Royer‚ 460 U.S. 491 (1983) give an distinguish of a Terry stop and arrest. In this case it share some information about a man that is know as a drug dealer stop by and officer
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Statement of the Case This is a formal request for an appeal against the ruling in the case of R . v. Vaillancourt. . Mr. Vaillancourt seeks to appeal the court’s decision based on the inconsistency with s.230(d) of the Criminal Code‚ and s. 7 and 11 of the Charter of Rights and Freedoms. This is present in this case‚ evident when Vaillancourt’s accomplice does not inform him of his plan to bring weapons to the crime scene‚ leading Vaillancourt to believe that his lack of knowledge of the presence
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