Ontario Police Department Case Summary

Improved Essays
Issue- Did the Ontario Police Department’s search of an issued pager violate the Fourth Amendment?

Rule- When a search is conducted for a work-related purpose or for the investigation of work-related misconduct, a government employer’s warrantless search is reasonable if it is justified from the beginning and the measures adopted are reasonably related to the objectives of the search and not excessively intrusive.

Analysis- Quon was a police sergeant at the Ontario Police Department. The police department had distributed pagers to employees, including Quon to use for work purposes. The police department had a policy in place stating that the department reserved the right to monitor all email and internet use on its network and informed

Related Documents

  • Improved Essays

    Dmak Dbq Analysis

    • 580 Words
    • 3 Pages

    A thermal scanner was used on the house of DLK without a warrant, in order to obtain evidence that DLK was illegally growing marijuana. DLK sued on the grounds that the scan was a search, and since there was no warrant, it violated his fourth amendment right. The government went too far by scanning DLK’s house because the scan indicated things about the house that would be unknown unless one entered the house, revealed things which DLK wished to keep private and took reasonable measures to protect, and was a violation of privacy. Thermal scanners indicate things about the house that would not be unknown unless one entered the house. They can show vents, rooms, and insulation abnormalities through heat build up.…

    • 580 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Name: Case brief assignment Prof: Minnesota v Dickerson, 508 U.S.3669 (1993) Facts of the case Two Minneapolis police officers were patrolling the North area of the city in a marked police car in the evening on November 9, 1989. There was the defendant, Timothy Dickerson, in a known drug zone. At around 8:15 p.m., one officer observed the defendant leaving a 12-unit apartment building along Morgan Avenue, a renowned drug sale premise.…

    • 1014 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Chino Police Case Summary

    • 1658 Words
    • 7 Pages

    According to the Chino Police Department Report number 15 04649, on May 28, 2015 at approximately 1445 hours, an officer was dispatched to Chino Police Department in reference to a sexual battery investigation. The officer contacted all three victims when he arrived on the scene as well as their parents. Upon arrival, officers spoke with victim one, Elizabeth S, who was accompanied by her mother Stephanie and victim two, Maryanne C. Elizabeth S. made the following summary: On May 22, 2015, she attended a birthday party at Maryanne C.’s house. By 2300 hours, all attendees had left the party except Elizabeth S., Maryanne C., Myia O., Trevor C., and Jovahn Butler. Five juveniles were going to spend the night at the house and the girls were…

    • 1658 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Wilson Vs Arkansas

    • 1024 Words
    • 5 Pages

    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)…

    • 1024 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Issue: Whether Mr. Howard’s 4th Amendment rights were violated when he was stopped and frisked by officers whose only basis for such a stop was an anonymous phone tip? Facts: Our client, Happy Howard, was carrying a concealed weapon while out at a festival. Upon raising his elbow, another citizen noticed the concealed gun and made an anonymous phone tip to the police.…

    • 1157 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Achman Case Study

    • 748 Words
    • 3 Pages

    During the search, police found things like a Uzi machine gun, a .38 caliber revolver, two stun guns, and a handcuff key, but did not find the supposedly stolen stuff. Police Officers did confiscate the weapons while in search for the stolen items and used it in court. So therefore his fourth amendment was violated. The 4th amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " This action performed by the police officers reminds me of the supreme court case, Mapp V. Ohio.…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    People V. Ulysis Parriss

    • 1291 Words
    • 6 Pages

    .When it comes to getting arrested the police can do it two ways, they can do it with a warrant or without one. However both must have probable cause. The fourth amendment is what protects us from unreasonable searches and seizures. The two important thing with this amendment is the requirements of probable cause to get a warrant and it how it prohibits unreasonable search and seizures.…

    • 1291 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The Fourth Amendment Do you know you have the right to say NO?. The Fourth Amendment in other words Search and Seizures allows one to say no until proper legal document or warrant is shown to search or seized someone’s home, car, personal item and to protect people rights to privacy from the government intrusions. Meaning the government can’t use police force in which would expose citizens. Also the Fourth Amendment respects people rights and that it should not be violated. The Fourth Amendment created a major impact in today’s society not many citizens; teenager and adult are aware of their Fourth Amendment rights.…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Fourth Amendment In Texas

    • 492 Words
    • 2 Pages

    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.…

    • 492 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    After finding out the officers violated the 4th amendment the judgment of this court was reversed. In order for this search to be legal there would have to be a good reason to search the house. This reason would be used to try to get a search warrant. Because they did not get a warrant, it is illegal. Even if the evidence is strong, it is not allowed to be used in…

    • 590 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    4th Amendment

    • 1476 Words
    • 6 Pages

    The 4th Amendment is part of the Bill of Rights. It states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing…

    • 1476 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Fourth Amendment: Search and Seizure In the Fourth Amendment, it states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated” (Cornell University of Law). The Fourth Amendment states its main idea in this statement and through it American citizens and their belongings and records are protected from surveillance, searches, and seizures. However, in today’s digital world government officials have used what could be called an unconstitutional approach to the Fourth Amendment, causing them to monitor phone conversations. There have also been instances where personal records have been gained by law enforcement without any relevant reason.…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    The fourth amendment is important to all Americans and it is one of the most important amendments. The fourth amendment is important because it protects Americans from unreasonable search and seizure. “To protect Americans from the government invading our privacy and looking through our things, then finding evidence that might be used against us to convict Americans of crimes, the colonials put in the fourth amendment to free Americans from unreasonable searches and seizures.” (“Fourth Amendment with English captions”) The Fourth Amendment is: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Being a police officer is a very risky and challenging profession. When performing their duty, they often encounter different kinds of circumstances. Circumstances that are unavoidable but usually preventable if they are armed with proper knowledge and training regarding situation before executing the task, like, when they conduct their search of a person, an automobile or of a crime scene. To have a better understanding regarding what the police need to conduct the search, in this paper, I will discuss and explain the requirements the police need to conduct the search, like the probable cause requirement, the scope of the exclusionary rule, the value of search warrant as well as the circumstances related to the police search. To conduct the…

    • 1040 Words
    • 5 Pages
    Superior Essays