Fourth Amendment Essay

The Case Western Reserve law review, “Insider-Trading Regulation after Salman v. United States,” focuses on whether or not a tipper can be convicted if their intentions were for personal benefit or for the purpose of exposing company's fraud. In the 1983 case, Dirks v.s SEC, the court based its decision to overturn the conviction on the fact that the tipper did not receive any personal benefit. The tipper’s motivations, in this case, were solely to expose the company’s fraud and it was argued…

The case Terry Stop is named for is "Terry v. Ohio". Terry v. Ohio was about a detective named McFadden who noticed something strange going on between two strangers (Chilton and Terry) on a Huron Road. Both guys took turns walking the same identical path on Huron Road about a dozen times, stopping at the same store window each time and walks back to the corner to converse with the other. Later a third guy joins and shorty converses with them then walked down Euclid Ave. After ten to twelve…

This officer, Ofc. J. Jaques #64, was stationary in the 100 blk of N Broad St and observed the listed Honda Civic traveling northbound on Broad St at a high rate of speed. I then began following the listed vehicle and paced it going 35 mph in a posted 20 mph zone. Then using squad #64's RADAR the vehicle was confirmed at 35 mph in a posted 20 mph zone. At this time I initiated a traffic stop at Lake and Broad St. Upon contacting the driver of the vehicle I informed him that the speed…

In summary, on 08/04/17 at 2234 hours, Ofc. Coleman #214 and I assisted Tactical Officers (T/O) Robinson #390 and E. Perez #397 in regards to DUI investigation located at 1400 S 58th Avenue. Upon arrival, I spoke with T/O E. Perez #397, who related he observed a vehicle parked in yellow with person in the driver seat sleeping. T/O E. Perez #397 further related he woke up the driver, who was now identified as (Diego Hernandez, Juan Jose DOB 04/22/94). Juan had signs of impairment (glassy…

CPL Cortesio, you are being counseled for failing a sobriety test on 1 Oct 2017 at or around 0030 with a BAC at 0.095. You stated to me that you were leaving SPC Ramsey's house (which is a shared residence with yourself) and were on your way home to Manhattan when you were pulled over for speeding. Upon further investigation, the event as i gathered, you were drinking at SPC Ramsey and your house at a bar-b-Que. that you were having with select soldiers and NCOs from the unit. You then proceeded…

P alleges excessive force and false arrest. P claims that he received a call from his grandson, Giovanni Bonilla (non-party), that police officers were at their apartment and were arresting him. P claims that when he arrived home he observed Giovanni handcuffed and being taken away by MOS. P claims MOS Fulford did not inform why Mr. Bonilla was being arrested. P claims that he and his wife, Miriam Bonilla (non-party) followed MOS as they took Giovanni away then Lt. Siev ordered P and his wife…

In the United States a person is arrested when a police officer believes an offense has taken place or is about to take place. In order for the police officer to make an arrest he or she must meet certain criteria they have to adhere to. Probable cause or reasonable suspicion is the legal standard which authorizes a police officer the right to make an arrest, conduct a personal or property search or obtain a warrant. When a person is arrested he or she must be read their Miranda rights. The…

There are four factors used when distinguishing the open fields of curtilage. In Del Carmen (2012), the factors appear and are explained beginning with “The proximity of the area to the home, whether the area is in an enclosed surrounding the home, the nature and uses of the area, and the steps taken to conceal the area from public view.” An example of this could be that an officer investigates a reported stolen car that remains in an open field that does not contain a fence, the owner of the…

The legal precedent for what is known today as Stop and Frisk is a result of the Supreme Court case Terry v. Ohio (1968). In 1963, John W. Terry was arrested in Cleveland, Ohio and charged with possession of a concealed weapon. A police officer, acting on suspicion that Terry was planning to commit a robbery, detained him and patted him down. Terry and his lawyers claimed that his constitutional rights against unreasonable search and seizure were violated because the police officer did not have…

A high profile investigation into the life and activities of the top state official is not a usual case and hence insurmountable evidence, witness corroboration and authenticated proof must be submitted to justify and charge such an official. Initially, information obtained prior to the initiation of the court-authorized interceptions, relating to allegations that the target of the investigation solicited and obtained campaign contributions in exchange for official actions as Governor, was used…