Arizona v. Hicks

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    Plain View Doctrine (PVD)

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    Arizona v. Hicks, 480 U.S. 321, 325 (1987). In Hicks, the officers, responding to a shooting, moved a stereo to view and recorded the serial numbers. Id. The Supreme Court held that recording the numbers was allowed, however, what was not reasonable was the action of moving the stereo in order to make the serial numbers in plain view. Id. Another case that that determined the object is not contraband, is Nicholas v. State. In this case, the officers noticed photographic negatives in plain view, however the officers had no knowledge or suspicion that these negatives evidenced an illegality until the officer turned on the lights, held the negatives up to the light, and after looking closely he determined that the negatives contained evidence of a crime. Nicholas v. State, 502 S.W.2d 169, 257, (Tex. Crim.…

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    Case Name: State v. Thompson Citation: 288 Ga. 165, 166–167, 702 S.E.2d 198 Year decided: 2010 Facts: On the night of September 12, 2006, several DeKalb County officers were dispatched to an apartment complex in Stone Mountain, GA on a possible stolen vehicle report. Upon arrival, contact was made with the complainant Earl McCord along with several other residents of the complex. After interviewing all parties present, it was concluded that the vehicle had not been stolen but had in fact had…

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    and a very important outcome has resulted from this case, a practice that is now mandatory for all arrest scenarios. In this piece, the Miranda v.…

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    Zerbst ensured the Sixth Amendment right to counsel in all states for any type of court case- even if the defendant does not have a possibility of capital punishment. In another famous case, Miranda v. Arizona, Ernesto Miranda did not understand the Fifth and Sixth Amendments, so the Supreme Court created a law that would change the judicial process forever. In 1963 Ernesto Miranda was arrested for the abduction of an eighteen year old girl. He was placed in a police lineup and identified by…

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    (Cliff notes) states that is is just reverse discrimination. It is wrong for police departments to give this kind of special treatment to minority groups who are not victims of discrimination just to eliminate a past problem. Some white police officers have found this to be a threat to their jobs and police forces then have lowered standards for the hiring of minorities in the police force. Affirmative action has had many arguments on if it is actually fair or not. If think about it, a person…

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    WHAT YOU SHOULD AND SHOULD NOT DO IF YOU HAVE BEEN ARRESTED Simple do’s and don’ts to protect your rights if you have been arrested. When you have been arrested, there are things you should do and things that you shouldn’t. For example, you should keep quiet and hire an attorney who can advise you of your rights and help you navigate the criminal legal system. You should not talk to anyone about the incident except for your attorney. What you do or don't do when you have been arrested can have…

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    Arizona. For this case, Miranda was charged with multiple counts of murder and kidnapping. However, he was released due to the poor treatment from the police officers. He was not informed of his rights. Miranda was not aware he should be given a lawyer if could not afford one and the right to not self-incriminate. Today, that is now a rule that officers must perform before questioning anyone taken in. The end goal of the officers was to arrest a dangerous man and get him off the street, but by…

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    The Five Amendments

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    room for misinterpretation of laws, lack of knowledge on one’s rights, and of an impartial jury to determining guilt. This Sixth Amendment provided, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses…

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    2016). The amendment states; “it 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 persons or things to be seized” (Cornell, 2016). [A significant case involving the fourth amendment was Weeks v. United States, 1914. In the Weeks case the Kansas…

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    Police Brutality

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    “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (Miranda Rights). You have the right to remain silent is the striking force behind police brutality. This automatically makes the victim feel subordinate to the cop. Now just imagine a…

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