Issue- Whether it was reasonable under the 4th amendment for the officers to enter a home without a warrant. Rule- Knock and Announce rule law enforcement has to knock and announce that they are police and wait a reasonable amount of time, usually seconds, before entering place before they search. (Wilson v Arkansas)…
A protective sweep is a limited search of a structure for people who may be a threat to law enforcement officers after they arrest a subject or subjects. The legal reasoning behind a protective sweep is “to allow officers to ensure their own safety, and that of those on the scene, by searching in the vicinity of the arrest” (Nolo, 2017). Protective sweeps were ruled in favor of law enforcement in the Supreme Court case of Maryland v. Buie. In this case, arrest warrants were issued for Buie and his accomplice in regards to an armed robbery. Upon serving the arrest warrant at Buie’s residence in which they took Buie into custody, one of the officer’s subsequently looked in the basement to ensure the other suspect was not hiding down there.…
a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…
Title: Reasons You May Be Stopped for a DUI When it comes to defending yourself against a DUI, the best defense is the “no driving” defense. For you to be convicted, the officer has to prove that you were actually driving the vehicle. If you were unlucky enough to be caught at the wheel, then there are other ways to defend against these charges. Reasons Why You May Be Stopped for a DUI…
Law enforcement may quickly stop a person from questioning if there are particular, powerful fact that would lead a reasonable cop to believe that criminal activity is near. When this type of detention is made, a pat down of the outer clothing may be conducted for weapons only if there is a reasonable suspicion that the detainee is armed. If a car is stopped, the officers have the right to search the passenger compartment for weapons only if there is a reasonable suspicion that the car contains weapons. The right to detain a person for a field interview does not include the right to transport the suspect to the station for fingerprinting or…
When a police officer pulls their gun out it is because they are under a possible deadly threat or the public is under a threat. In the case of this story, a public citizen threw a beer bottle at the back of a stopped police car causing the glass to shatter. Furthermore, the officers, “fearing they were under fire, the officers bailed out of the cruiser and fired their own guns at a nearby man they believed was responsible, killing him” (2015). The officers who are now being investigated on whether there force was reasonable due to the fact the suspect did not possess a gun or a weapon. So ultimately, there is a question of was it necessary to fire in this situation?…
Police Brutality Police officers risk their lives daily to keep our communities safe. These men and women are often in situations where their lives are in danger. Facing dangerous criminals, police sometimes must use force. However some officers use more force than what is needed. Today this issue is debated constantly.…
The Supreme Court adopted the exclusionary rule as a way of prohibiting the use of evidence in a court of law in situations where government officials directly or indirectly violate an individual’s constitutional rights to obtain evidence to secure a conviction. In other words, the exclusionary rule is a means of protecting the constitutional rights of the people from authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be secure in their homes and person, papers and effects, and shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable…
Sir Robert Peel was born in Burry, Lancashire on February, 5th 1788. His father was a wealthy cotton mill owner, therefore young Robert Peel was able to go to an Ivy League schools such as Harrow and Oxford. Having such an impressive education under his belt Robert Peel was able to enter Parliament as a Tory (which is a part of the British Political Party) at the tender age of twenty-one. Part of his responsibilities were appointments as under-secretary for war and colonies (1809) and chief-secretary of Ireland (1812). By 1822, he was thirty-four and had become a home secretary and introduced criminal law and prison reform.…
Strain theory goes with this case because of the strains on the police during the time period then incident happened. This occurred sometime after the Eric Garner incident in Staten Island. With the reemergence of the Black Lives Matter movement and the bad connotations of the police being displayed through social media and all media outlets, the police former was getting the short end of the stick. Stress was being put on them to uphold the law, but heavy stipulations were put on that. When you are given restrictions for your job that you aren’t used to it can cause a strain on your psyche.…
The coroner determines who the corpse was, how, when, and where they died. An inquest report is a judicial inquiry in order to prove the manner and cause of one’s death. A coroner uses medical examinations in order to investigate deaths and bodily injuries. Sometimes, these are under suspicious circumstances.…
While police brutality, abuse of power, racial profiling and targeting the poor are arguments against the Broken Window Theory, they are not necessarily caused by it. The police have certain rules of engagement when dealing with suspects that they must follow, however, this is often mistaken for police brutality and abuse of power. The media hype over stories of people like Eric Garner, Freddie Gray and Michael Brown cause stories to be told from a biased and largely anti-police point of view (Gainor). There’s proof that using Broken Windows policing keeps communities safer by getting dangerous criminals off the streets by arresting them for small crimes when the police do not yet have enough evidence to arrest them for more major crimes.…
The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his flashlight was able to observe that the suspect was a minor and of slender statue (observing his hands and face) posing no threat to him or others.…
Less than fifty years ago slavery and segregation was apart of our nation's everyday life. The definition of racism is one race thinking they are more superior than another. In the United States of America, racism has been a huge topic among the people (“Glessner”). Racism is all over the news while some people think racism has died down others believe that it is still a problem today. Racism along with segregation is not only a thing between African Americans and whites but it is within all races in the world.…