Seizure types

The legal issue of whether Victor’s mental disability, medication, and Attention Deficient Disorder (ADD) was crucial information as to why, he committed the crime. In the case of United States v. Kozminski (1988) two men with mental disbalitlies where held to work for low or no wages and threatened and physiologically coerced to stay on the farm to work. The courts agreed that the men were coerced due to their mental incapacity. The act of coercion kept the men captive at the farm. In…

interpreted through the years by courts and lawmakers.” It includes freedome of speech or the rights to be secure agaisnt unreasonable searches and seizures, which is also written in the Fourth Amendment, and more. The Fourth Amendment states, “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…

1. Analyze Officer Edwards 's searches, if any, and note which may survive constitutional challenge. Officer Edward and Officer Casey are set up a road block to catch drunk drivers, during this roadblock they stop a blue minivan. This action in itself would withstand a constitutional challenge since roadblocks such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any…

Lawful Searches Law enforcement officers are bound to certain rules that limit their powers of search and seizure. These rules are governed by constitutional rights and administered by the supreme court. These rules were placed on officer to prevent corruption and protect the rights of citizens from corrupt officers. The use of a search warrant signed by a judge must accompany a search of residences that are believed to have evidence that prove the guilt of a suspect residing on the…

Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a…

change certain guidelines in constitution, Hence they came up with the term Amendments (changes in documents). in 4th Amendment it talks about the unreasonable/unnecessary searches of someone's possessions or seizures (also arrest) which is against the right to privacy. The scope of seizures/Searched should be limited and only warrant should be issued by law enforcement officer before police taking necessary action. in 1792 US State secretary Sir Jefferson, Thomas declared the amendment…

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…