criminal act for a person to refuse his name and address to an officer who has lawfully stopped him and requested for his information. Brown’s First,Fourth,Fifth,and Fourteenth…
The case of Illinois vs. Wardlow (cited as 528 U.S. 119 (2000) ) opened the question: “May walking away, in order to avoid contact with a police officer, is a suspicious behavior enough to satisfy the constitutional definition of the reasonable suspicion ?” Constitution has provided the following test for reasonable suspicion: The officer must be able to point to specific and articulable facts that, taken together with rational inferences from those facts, provide a particularized and objective…
The 3rd Amendment The 3rd Amendment is what keeps soldiers from quartering in our homes and what helps keep our privacy during time of peace. This is a very important Amendment because it protects our right to have a safe and private life. Sir Edward Coke stated “For a man’s house is his castle, and his home his safest refuge”. This is a good way of saying that if we are forced to quarter soldiers then our homes will no longer be a safe refuge. This also is one of the most important amendments…
Accelerant detection dogs are used by fire departments, and other fire investigators to aid them in the detection of substances used to expedite fires and underscore the spreading of the destructive flames. Dogs are used due to their special skill set in detecting odors that humans are unable to; their ability to differentiate sets of different scents, and locating scents even after some time has passed since those smells were deposited. In 1993, evidence gathered with the help of accelerant…
Police should be allowed to stop and frisk subjects who seem suspect. In the case Terry v. Ohio (1968) the Supreme Court’s ruling allowed the procedures of “Stop and Frisk” to be acceptable. For a stop and first to be considered legal, the police officer must have reasonable suspicion that a crime has already occurred or is about to take place. Only then can a police officer start a line of questioning toward the suspect. However, the “frisk” portion of stop and frisk must only be done if the…
Barry Jay Collin, an inmate housed at Brockbridge Correctional Facility (“BCF”) challenges the constitutionality of two strip searches and visual body cavity searches of him in his dormitory in front of other male inmates and correctional personnel. He claims that his 1st and 8th Amendment rights were violated and seeks ten thousand dollars ($10,000) from each named defendant, seven thousand five hundred dollars ($7,500) for constitutional violations, and pain and suffering and filing fees. II.…
The Fourth Amendment to the constitution states a person's right to privacy and protects people from unlawful search and seizures. In order for a law enforcement officer to be able to conduct a lawful search and seizure, the officer must provide a search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a…
The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container.…
What is the standard for law enforcement to search your cell phone? Well the Supreme Court states that the police must get search warrants for most cell phone searches, not all (Supreme Court Searches”, 2014). Two cases linked to the Supreme Court decision would be the Riley v. California and U.S. v. Wurie. In the Riley v. California case, Riley was pulled over for a traffic violation. Riley was driving a different car than what was registered to him and he was driving around on suspended…
recordings could not be used as evidence against him. However, the Court of Appeals rejected his point stating the absence of a physical intrusion into the phone booth rejected his challenge. Therefore, the Court granted certiorari. Issue: Does the Fourth Amendment protect against unreasonable searches and seizures that…