power in law enforcement. Because there is no complainant‚ police resort to questionable means of enforcement. Investigative techniques used to gather evidence are often immoral and sometimes illegal. These include entrapment‚ use of informers‚ wiretapping and use of constitutional rights such as illegal search and seizure‚ invasion of the right to privacy and
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Prefatory: Cases written by Justice V. V. Mendoza will be marked with an asterisk (*). Constitutional Law Bill of Rights Due Process Request of Radio-TV coverage of plunder cases of Estrada Perez v. Estrada A.M. No. 01-4-03-SC (June 29‚ 2001) * Digest of this case is particularly longer because of the novelty of the issue. FACTS: The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) sent a letter requesting the SC to allow live media coverage of the anticipated trial
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has been determined before the arrest by a judge or magistrate. In arrests made without the use of a warrant‚ the police make the determination of probable cause and have to be able to articulate it at a later point to justify the arrest. If the warrantless arrest is deemed unlawful‚ and it is found that the person in custody had their constitutional
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Yoo’s continued fabrication of constitutional cover with his memos abetted the executive to excel in policies that dramatically reduced the civil liberties. Stellar Wind‚ for example‚ was initially maintained through his legal opinion that the “Court’s jurisdiction over electronic surveillance for foreign intelligence” to be “an unconstitutional infringement on the President’s Article II authorities” (112). Greenberg also discusses the USA PATRIOT Act of 2001‚ which “privileged intelligence collection
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Kevin Sandstrom 12/11/07 ES2B Schaffer Research Essay Final Draft January 20th 2001. George W. Bush is sworn into the presidential office and our nation is sworn into a state of crisis and debt. Bush is a menace. He has thrown us headfirst into a war for another country when we have our own countries wars to worry about. Hurricane Katrina victims are still homeless and suffering. Our jails abuse prisoners. People who are just thought to be terrorists are thrown into detainment camps. NSA has
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these freedoms would most likely result in civil unrest. 4. After September 11 there was great discussion of furthering order to keep our nation safe. For example‚ many individuals argued for the right of the government to be able to increase its wiretapping powers in order to avert terrorist acts. Do you think the government should do more to keep citizens safe? Why or why not? What things would you be willing (or unwilling) to give up in order to maintain safety? I think the measures that government
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ARTICLE III – BILL OF RIGHTS Section 1. No person shall be deprived of life‚ liberty or property without due process of law‚ nor shall any person be denied the equal protection of the laws. Definition of “Police Power”: 1) Power vested in the legislature 2) By the Constitution 3) To make‚ ordain‚ and establish 4) All manner of wholesome and reasonable laws‚ statutes‚ and ordinances 5) Either with penalties or without 6) Not repugnant to the constitution 7) As
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Case Brief: R v.Shankar Citation: Regina v. Corey Shankar‚ 2007 ONCA 280 (CanLII) Facts: The accused was driving his car without the required laminated taillights when officers pulled him over late October 2004. The police asked Shankar for his licence‚ registration‚ and insurance. The accused handed over a licence in the name of Jason Singh‚ the insurance information handwritten on an informal yellow sticky note‚ and a photocopy of the vehicle registration. When inquired about the spelling of
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would give powers to state authorities to protect the homeland from such activities and attacks in the future. The proposed legislation was to give federal authorities the ability to monitor internet use‚ intercept emails and phone calls as well as wiretapping conversion between citizens and non citizens. The Act would also permit the detention of non citizens who are deemed to be dangerous to the home land (Center for American Progress 2005). This Act is by far one of the most controversial legislation
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The U.S Constitutional amendments place limits on what law enforcement and how a trial should be governed. These strict rights are to be followed because if an officer fails to abide by the proper procedure‚ the trial court may forcibly put an end to evidence obtained in violation of proper procedure or even release the arrested suspect. This is an amendment that deals with each of the following: criminal due process‚ arrest‚ interrogation‚ search and seizure‚ Miranda‚ punishment‚ the right to jury
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