Seizure trigger

I. Topic: New York City News General Purpose: To inform Specific Purpose: To inform the class about the New York Police Department’s Stop and Frisk practice. Thesis: Three news sources focus on NYPD Stop and Frisk policies II. Introduction: When a young non-white male is stopped and searched at the whim of a police officer, his idea of personal space, privacy and self-esteem are shattered, to say nothing of his Fourth and Fourteenth Amendment protections. The damage goes deep…

4th Amendment: 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. Meaning: Members of law enforcement are not allowed to enter someone’s place of residence without a Warrant. Neither shalt members of law enforcement be…

392 U.S. 1 (1968) Terry V. Ohio Facts: Police Detective Martin McFadden was an off duty police officer dressed in normal street clothes. On the afternoon of October 31, 1963 McFadden was walking around in downtown Cleveland. While he was out and about two men caught his eye. The men Chilton and Terry were standing on a street corner. McFadden was used to noticing strange and suspicious things and the behavior of these men struck him as suspicious. They were pacing up and down the street…

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…

maintained that the search performed on Dickerson was far more invasive than what is applicable under the Fourth Amendment. Furthermore, the courts stated that by allowing the “plain touch” exception, there have been numerous unlawful searches and seizures conducted. Officers can confiscate contraband, and it can be used against the perpetrator; yet, it must be within the same boundaries that are set in place by Terry vs.…

1. In Florida v. Bostick, 501 U.S. 429, 438 (1991), the defendant contended “that no reasonable person would freely consent to a search of luggage that he or she knows contains drugs.” Should there be a presumption of involuntariness when incriminating evidence is readily found pursuant to the “consent” of a person who denies guilt? There should be a presumption of involuntariness when incriminating evidence is readily found pursuant to the consent of a person who denies guilt because the…

This landmark case has really set a precedent for other cell-phone based cases, including one in a public school setting, claiming that the student's Fourth Amendment had been violated. In Gallimore v. Henrico County School Board (2014), a student's cell phone was searched after administration was tipped off by a parent claiming a long hair student was smoking marijuana on a bus on February 11, 2013. Later that afternoon, administration brought a student into the office and asked him to empty…

On 6-17-2016 I Ptrm. Butram responded to 6067 N. Ridge (Wal-Mart) for a theft. Upon arrival I spoke with John Goecker (asset protection). John stated he was alerted to an unknown male, behaving suspiciously in the shoe department. The male was Identified as Christopher Andrew Zakrajsek. John stated he observed Christopher select a pair of Interceptor boots size 9.5 and place his feet into them. John stated he then placed his old shoes into the box along with the tag from the boots. John…

Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being…

As American citizens, we enjoy safeguards against unreasonable searches and seizures afforded to us by the 4th Amendment. Furthermore, the 4th Amendment grants us a reasonable expectation of privacy within our homes and on our persons. But, you may ask, what about when we are in our vehicles? Do we enjoy that same level of privacy as we do in our homes? According to our textbook no, we don’t. Our vehicles have a lesser expectation of privacy for several reasons, among them are mobility,…