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…
referred to the case Terry vs Ohio, and the court specified that the officer in the Terry case had motive to believe criminal activity was about to take place. Though, the officer proceeded to search Terry, he only conducted a surface search, as in his hands never stretched inside Terry’s coat. In contrast, the search performed on Dickerson was much more intrusive, and it went beyond a surface touch. Ultimately, the officer had to explore and manipulate the cellophane to conclude it was cocaine.…
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…
addition to his backpack being searched, he was patted down, and also had his shoes and cell phone searched. After finding no drugs on him, the student was sent back to class. The lawyers referenced Riley v. California and the judged claimed that the search of the student's cell phone "exceeded the scope of a…
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…
Stop and Frisk have been in practice in policing for many years now. However, the policy was enacted or better said put into full effect during the Bloomberg era in the New York City area. This policy of stop and frisk was created to decrease crimes by getting guns and contrabands off the streets. But before a police officer proceeds to stop a civilian to stop and frisk them, they must have “reasonable suspicion” meaning that based on their training and experience they should be able to…
Fourth Amendment had long required that uniformed officers have probable cause in order to conduct Fourth Amendment invasions in order to administer a reasonable search and seizure. In 1968 the Warren Court, despite its liberal reputation lowered the standards that police officers had to meet. In order to conduct a certain type of search this is now known as “stop’ and ‘frisk. A "stop and frisk" occurs when a uniformed or plain clothed officer, deems a suspect as being armed and dangerous. The…
I am in agreement with the court’s decision to block the ruling that deemed the New York Police Department’s stop and frisk policy unconstitutional (Boyette, & Martinez, 2013). Although the ruling will not stop minorities and Hispanics from being targeted unfairly, it is unconstitutional not to protect the safety and welfare of citizens. If this policy is permitted a lot of innocent people will fall into the category of suspect of being stopped. There should be some responsibility to the public…
Walter Bendix Schonflies Benjamin was born into a wealthy Jewish family in Germany. He was a German philosopher who is associated with the Frankfurt School and his areas of interests were literary theory, language, aesthetics, and technology. Benjamin was influences by and is associated with the work of Karl Marx, Theodor Adorno, and Bertolt Brecht. Moreover, one of Benjamin’s most influential writing is titled, The Work of Art in the Age of Mechanical Reproduction (1936). The primary argument…