Inmate Casselberry, Durango Jail is in the process of getting a new TV for the pod. However, for a large monetary purchase such as a TV, a purchase request must be filled out and forwarded to the Jail Commander for approval. After the Jail Commander approved it is them sent downtown to headquarters for approval as well. This process can take some time, and is not a simple as someone taking a credit card to the store and buying the item.…
In order to obtain a warrant one must have a neutral magistrate to determine if there is pc before suspects are arrested. A sworn affidavit to show that the facts lead to pc. And the name of the person getting arrested to satisfy the particularity requirement so the defendant can be identified with reasonable certainty. Officers don’t have to get warrants in homes as if it is an emergency. In this case, once Ray declared that he was going to kill Janay.…
Article two gives the exceptions for an arrest without a search warrant. An officer can make an arrest without a warrant if a crime was committed by an offender in front of an officer. Additionally, an officer can make an arrest if the offender is trying to escape…
The mother contended that the probate judge should have dismissed the department’s petition because the department did not have legal custody of her daughter because G.L. c. 119, § 23A was unconstitutional, due to the fact that she was never afforded a hearing, when the department first took custody of her daughter. Id. The court went on to say that, “the fact that a mother is incarcerated, signals a higher likelihood of risk of danger to the welfare of a newborn infant”. 421 N.E. 2d 28, 33. There have been no other constitutional challenges to G.L. c. 119, § 23A. Like this case, our case is not about the unfitness of the appellant; our case is more focused on the long-term health, development, mobility, and education of the child.…
Probable cause is when an officer has reasonable facts that a crime has occurred or is about to occur, it can’t just be a suspicion. To arrest someone without a warrant the officer must have probable cause before he even approaches the suspect. The police cannot just have a suspicion and arrest or search you, even if they later find out that there suspicion was right like finding something illegal. This means probable cause is not outcome determinative. If this was to be done it’s a violation of the first amendment meaning it was an illegal search and arrest and all evidence and any confessions from the witness cannot be used.…
On September 14, 2017, 10 years old Kendra Outlaw was forensically interviewed at Safe Shores by Ms. Leyla Sandler. During the forensic interview Kendra stated that on Tuesday September 12, 2017, she got physically disciplined by her father Mr. Darryl Outlaw. Kendra stated that while she was fixing the bed with Tania, she was playing around and pushed Tania to the ground. Kendra further stated that Tania told her about the listed incident and she got disciplined by her father. Kendra stated she was lying on the ground and her father whopped Kendra with an open hand on her face, back, and neck.…
As followed, searches incident to arrest do not require a warrant if the search is in radius of the suspect. The officer may search the surrounding area for illegal contraband or weapons. Ultimately, to protect the officers around as well as to collect valuable…
The right of due process is one of the most characterizing features that embody the spirit of American liberty. Can anyone imagine a world without constitutional protections, provided for the accused, against arbitrary accusations? Before the establishment of the United States’ Constitution, the founding fathers of America understood that rights inherently bestowed unto the people are rights that should be protected by government institutions. The right against cruel and unusual punishment and the right to a trial by jury are just two of the several protections offered to Americans by the Constitution. In the case Hurst v. State of Florida, Timothy Hurst was charged, convicted, and sentenced to death for the murder of Cynthia Harrison at the…
This makes me mad, because to get an innocent child involved in your criminal activities is a shame. I know that the Fourth Amendment protects all United States citizens against unlawful search and seizure of contraband. In this case, I think that during a traffic stop law enforcement had probable cause she had drugs in her possession and they search her. She had a history of possession and selling drugs.…
While the ideal example of a democracy places the decisions of government in citizen’s hands, the United States rarely does as such. For example, the Supreme Court, while influenced by public approval and public opinion, isolates itself from the media and public in two specific ways. Its Justices, appointed by the president, are indirect methods for people to get what they want from the highest branch of the Judiciary Branch. Similar to the method and processes used to elect a president through the Electoral College, the Supreme Court works in a way that places the power of the government in educated individuals’ hands as opposed to the direct power of votes in an election for a state governor. It indirectly allows people to influence Court…
As well the court also stated that detaining a person to require him to identify himself with lack of evidence against him/her violates their Fourth Amendment right. The Fourth Amendment requires such action,or that the seizure should be carried out pursuant to plan embodying explicit,neutral limitations of individual officers. In other words, a police officer can’t arrest you,detain you,or search you without a search warrant or an arrest warnat. Though there are some expectations on getting search or being detained,like for instances if a police officer asks your permission to search in your belongings and you agree then that’s not considered an intrusion of your privacy because you allowed him/her to search in your belongings. Same goes for being arrested because in order to be charged with a crime police officers must have reasonable suspicion and enough evidence to charge you with that crime.…
J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution.…
“Citizens shall not be arrested or detained for reasons not prescribed in the laws or legal procedures” (article 176) and establishes the right for the suspect’s family to be notified within 48 hours of the arrest the reasons for it and the place where the person is detained (article 182). Furthermore, regarding violations to lawful detention, the 2012 Criminal Code provides that “if the agent conducted illegal arrests, detention, or arraignment, or if he conducted illegal search of a person or his home, he would be subject to one year of labour training penalty”(article 241). Also the right to a fair trial is specified by a large set of domestic rules formally aiming at guaranteeing the due process of law. The Constitution provides that “the…
The People vs. Larry Flynt Americans value their freedom, most especially their freedom of speech and how their Constitution protects such freedom. Speeches like hate speech, speech plus, symbolic speech, seditious speech and the like are part of their freedom of speech. For the purposes of this paper, the film to be discussed is The People vs. Larry Flynt. This paper will also discuss the interrelationship between media, identities, and politics depicted in the said movie. Brief Summary of the Film…
The Little Prisoner by Jane Elliott This book was a powerful if not over powering story of a child whose step father abused her on every level of abuse; physical, mental, sexual, and emotional. The author of this book Jane, a pseudonym for the actual child, made the book come full circle. It started in the court room and was brought back to that pivotal moment when she is forced to face her attacker as an adult. It shows the reader the reaction of someone who clearly has no understanding the effects the child abuse Jane endured because the officer treated her like she was overreacting.…