of the police officer‚ an official of the government‚ entering Jones’s apartment without a warrant violated the defendant’s Fourth Amendment rights because it was a warrantless search. The defendant had a reasonable expectation of privacy in his own apartment‚ and there was no emergency occurring that would have justified a warrantless search; thus the evidence obtained would be inadmissible under the “fruit of the poisonous tree” rule‚ which rules that evidence obtained indirectly from improper conduct
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Government Surveillance is Legal and Necessary Since September 11‚ 2001‚ the National Security Agency started a program called National Security to help the government collect and monitor information and data from overseas.There are two-hundred million text messages and three million phone calls collected per day to detect terrorist attacks before it happens (King 1). Some attacks are stopped before it happens but there are some that aren’t. Let’s take 9/11 for example‚ nineteen hijackers attacked
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be arrested is a prisoner who has escaped from a penal establishment or a place where he is serving final judgment. If the arrest was affected without absent a warrant of arrest without the presence of the conditions stated by law for a valid warrantless arrest it can be characterized us unlawful and therefore it may cause the police officer affecting the arrest to be liable under the law for Arbitrary Detention‚ Illegal detention‚ or Unlawful Arrest. Arbitrary detention happens when a public
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January 21‚ 2012 ------------------------------------------------- Transcribed by: Jade Canada Lets talk about ------------------------------------------------- valid warrantless arrest The first instance would be your case of IN FLAGRANTE DELICTO arrest meaning “caught in the act” this is governed by the Rule 113‚ Section 5 of the ROC particularly Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may‚ without a warrant‚ arrest a person (a) When
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the search as private. Under the objective test‚ the individual’s expectation of privacy must be justifiable by societal norms or laws. Societal norms refer to customs of the place and time. On December 18‚ 1967‚ the Supreme Court held that warrantless wire-tapping of a public phone booth to record a defendant’s conversations was an unreasonable search and seizure under the Fourth Amendment. The Court held that the defendant had a reasonable expectation of privacy because he expected his phone
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charged with two offenses; possession if a narcotic drug for sale and possession of drug paraphernalia. b. At motion to suppress‚ defendant argued the evidence seized from his car violated the Fourth Amendment on the ground that the search was warrantless. c. Trial Court allowed the drugs found to be introduced as evidence at trial. d. Gant was convicted of illegal drug possession. e. Court of Appeals found the search to be unconstitutional‚ concluding that after the occupants were arrested the
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Federal agents suspected DLK was growing marijuana in his home and scanned DLK’s home from outside with a thermal imager which is a device that detects warmth within the home. The results were consistent with the use of heat intensive lights used in growing marijuana indoors and based on the scan and other evidence‚ the agents were able to obtain a warrant which was used to search the home where they found more than 100 marijuana plants. Within the search and seizure case of DLK‚ the government did
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INTRODUCTION IETF is the acronym for Internet Engineering Task Force. It is one of the standard–setting organizations formed in 1986 and it is an organized activity of a non-profit organization which is The Internet Society (ISOC). IETF also was a platform to consort contractors for the Internet core gateway system and the U.S. Defence Advanced projects Agency (DARPA). Recent researches of IETF (IETF‚ 2004) has reviewed that IETF is an open‚ large and international community made up of network
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Mannie Vazquez is a resident of Greensberg‚ Texas‚ and decided to travel to Miami‚ Florida‚ to visit his family. Mannie meets Vince in a hotel in Louisiana and he offers to take Vince to Miami. Vince has a number of heavy bags with him‚ which Mannie helps him load into the car. They both stop in Tallahassee and split a room. Mannie takes an over the counter sleep aid to help him sleep. Officer Meyer is working his regular patrol‚ the night shift at 1 a.m.‚ he notices the Greensberg license plate
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arrest of an innocent individual that was not properly been given his or her rights. In this paper topics involving the violations and exceptions of the many prongs of the Fourth Amendment including: probable cause‚ Terry vs. Ohio‚ exceptions to warrantless search and seizures‚ racial profiling‚ rights we are awarded‚ and the Miranda Warning. The Fourth Amendment has many off shoots and I will try to cover the basics‚ so that you as a reader can more thoroughly understand your rights and privileges
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