Seizure trigger

The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his…

In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of…

Argument 1. The judgement for Appellee should be affirmed because the Appellant’s mother had apparent authority to consent to the search of the shoebox. Appellant’s mother, Ms. Fallsbauer, demonstrated apparent authority to consent to the search of the shoebox when she stated her prior ownership of the shoebox. (R. at 5.) Apparent authority exists when officers reasonably believe a third party has authority to consent to a search, but does not possess such authority. Illinois v. Rodriguez,…

At around 11:50 pm of Friday October 21, 2016, Adrian Prather has went to do floor rounds for the hall while having Nicholas Vincent watch over the entrance and lobby area of the dorm. Adrian Prather has reached the second floor and has smelled marijuana on the south side of the fourth floor. At 12:00 am of Saturday October 22, 2016, Adrian Prather has called Nicholas Vincent to ask to come to help investigate which room may be smoked out on the end of the fourth floor hallway. Adrian Prather…

“A key function of the Bill of Rights, therefore, is to protect the rights of those in the minority against the will of the majority.” (Sidlow, 2015, p. 72) It was also written to protect and defend the rights of every United States citizen when it comes to their basic rights, arms and religion. Additionally, it declares the rights of citizens when it comes to firearm possession and prohibits biased laws being passed with regard to religion. Another main reason for the Bill of rights to be…

The main reason that this policy is considered unconstitutional is due it’s disregard of the fourth amendment, the protection against unreasonable searches and seizures. Firstly, quotas for stop and frisks will be gotten rid of. I think the best way to fix this is by establishing a policy that stop and frisks can only be made when they can be justified. Said policy will require all officers to file a report that…

The Police and Criminal Evidence Act 1984 (PACE) is the core framework that is provided to ensure that the powers of the police are used correctly and that it protects and safeguards individuals that come into contact with the police. There are five major sections that it is in respect of: stop and search, arrest, detention, investigation and interviewing. Stop and search is allowed when there are reasonable ground to believe that the person or vehicle contains drugs, offensive weapons…

I think the most interesting issue in this case Jeremy Jaynes v. Commonwealth of Virginia was that when a man committed crime in one state and created problems in another state, does the circuit court of the state which he caused problems have jurisdiction over him. In favor of Jeremy Jaynes, he just used his computer to send emails in North Carolina, and did not use his computer in Virginia. Also, he argued that he couldn’t control where the email would be sent, so he didn't have intent to…

the stop and frisk laws are the reason. I personally do not believe that stop and frisk laws are Constitutional. It is very difficult for me to justify how this is legal under the fourth amendment rights against illegal search, and seizure. The rights apply to the seizure as it relates to the stop or detaining of a person. Any time a person is stopped by a police officer and is not permitted to leave is considered an arrest.…

4) Search in Plain View Search in plain view is when a police officer finds some unexpected suspicious items, he has the right to seize them without a search warrant. In digital evidence, police officers are usually not the people who found suspicious files, this is more likely to be a server admin in organization or technician who repair digital devices for his clients. In the past few years, there are many cases that illegal data are found in computers or other digital devices accidentally,…