Fourth dimension

In the case, Bryan-vs-McPherson, a young motorist by the name of Carl Bryan from Camarillo, California, was stopped twice in one day by law enforcement officer, in 2005. Bryan had on a T-shirt and some boxer shorts when the first officer, a California Highway Patrolman issued Bryan a speeding citation. Bryan was weeping and decided to take his T-shirt to clean his face. The second officer; Brian McPherson stopped Bryan for a seatbelt violation. Bryan was so frustrated with himself that he…

Initially the Court was in agreement that the stop and subsequent arrest in the Terry case was appropriate on the basis of the “probable cause” standard. Barrett (1998) states, Chief Justice Warren had initially approached this decision on the basis that the stop in the Terry case was appropriate. It was Justice Brennan who eventually persuaded Chief Justice Warren to render a decision which put forth the new “reasonable suspicion” standard (Barrett, 1998, 793-821). If Chief Justice Warren…

faced with the balancing act of up holding the Fourth Amendment rights of individual people and protecting and upholding the law. Officers must know when they can can stop and question someone, conduct a search, who can authorize a search. Police also have to know when they are allowed to arrest someone. Simultaneously, police must know when to uphold the law and keep suspect rights intact. The most important, is for an officer to uphold a persons Fourth Amendment Rights, which gives people…

Riley vs California CASE: (Riley vs California) Petitioner: David Leon Riley On August 22, 2009 a person David Leon Riley was stopped by the police for traffic violation. He was travelling in a car bearing expired registration tags and the San Diego Police stopped him to impose a ticket, when they found that Riley was driving with an expired license too. The police eventually discovered some fire weapons under the hood of the vehicle, when they were supposed to tow and impound the vehicle,…

The Right to Privacy” is the right that protects the personal information of people. This right is the 12th Article in the, “Universal Declaration of Human Rights”, it says that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation”,(“Universal Declaration of Human Rights”). It is important because the right to privacy makes us feel safe at home. When people say “I don't care about the right to privacy…

Justice Roberts believed that “the word cellphone is a misnomer” and could be considered many other things. Liptak also presents the issue that the ruling would apply to searches on various other things such as laptops and tablets. Moreover, the Fourth Amendment was a factor the Supreme Court had to thoroughly take into consideration. “Riley V. California” states the final ruling, as a unanimous decision that entailed…

The 4th amendment, which is contained in the Bill of Rights, is a crucial part of the United States Constitution. This single sentence offers great protection to everyone, against government and its power. Although it was not always this way, this portion of the law that govern our great nation was inserted shortly after the establishment of The United States Constitution. Throughout history, there have been many cases where this single guideline has protected an individual, and through their…

The procedural rights in accordance to the courts are very important and should be consistently followed. According to the Fourth amendment, the procedural rights are associated with the legalities of search and seizures, in which the Supreme Court created tests to confirm if this is valid for each particular case. The warrant will be issued if the authorities have probable cause to issue the search warrant. The warrant must have the location to perform the search and identify any weapons or…

In 1977 Fusilier v. Russell dealt with intoxicated drivers and the police failure to arrest. The plaintiff brought criminal action against two Louisiana Sheriffs for failure to arrest or restrain an intoxicated driver. The subject had later become involved in a motor vehicle accident that left the victim/plaintiff severely burned. Prior to the accident deputy sheriffs were responding to a call from a nightclub where they were to evict a disorderly customer. When the officers arrived they noticed…

When Behl failed to change the locks or retrieve the key from Cerny after he moved out, she satisfied the factors of the relationship between parties and the opportunity to exercise care under the full duty analysis. Behl kicked Cerny out sometime in August 2013 and rented the same apartment to Copeland-Kraft August 30, 2013. Behl did not recall retrieving the key from Cerny. Behl knew that Cerny was violent, as he had pushed her before during an argument. When there is foreseeable criminal…