have to follow such as freedom of speech, the right to bear arms and the right of privacy. The fourth amendment is the right to privacy such as no unreasonable seizures and searches to your personal belongings and property without any warrants. A search usually has to be based on probable cause- a reasonable basis to believe that the person can be linked to a crime (Remy, 2016). In this case, the topic about whether the police should wear body cameras is violating our right of privacy or is it…
QUESTION PRESENTED Does Mr. Moore a experienced sailor, have a valid claim for wrongful death against the Coast Guard for the death of his wife based upon the Coast Guard’s one-hour delay in reaching the boat after he made a distress call asking for rescue due to the bad weather conditions? BRIEF ANSWER OR CONCLUSION Probably not. Under the Good Samaritan doctrine applicable to this case the Coast Guard probably won’t be liable for wrongful death since there are not omissions of failure to…
There are many definitions for the exclusionary rule, but to make it simple, I would say this rule was derived from the fourth, fifth, and sixth amendments of the United States. Many cases before this rule did not grant the accused the many perks the exclusionary rule offers the people of the united states now. As such many accused ended up being punished under very brutal and strict regulations. And also went through vigorous processes during the investigation process. Wikipedia defines the…
When Mr. Balestrero is first introduced to the three detectives, Hitchcock uses camera lighting along with camera movement to enunciate the setting which is described as murky and dark. Brean describes this encounter as the following, “Three men came up to him out of the murky shadows of a winter evening. They said they were police officers and showed him badges clipped to wallets. Mr. Balestrero experiencing a little quiver of uneasiness, asked what they wanted.” Hitchcock cannot transfer these…
put forth the new “reasonable suspicion” standard (Barrett, 1998, 793-821). If Chief Justice Warren had maintained his original inclination of rendering a decision which clearly delineated the standards that a police officer must follow before a search is conducted there would be no controversy over this issue. However, had this actually occurred then…
The Riley V. California case focused on whether a phone search required a search warrant. According to Liptak, the issue was first brought to attention in 2009, with the arrest of David L. Riley in San Diego. The article, “Riley V. California”, explains the various issues taken into consideration by the supreme justices. The issues included were: the “warrantless search exception” that allows officers to search for anything that they feel threatens their safety, the justices introduced the issue…
suit. Buie attempted to have the evidence suppressed, citing that his Fourth Amendment rights had been violated by the officers conducting the search. The trial court dismissed the claim made by Buie, finding that the officers acted within reasonable measures to protect themselves from an attack.…
Reasonable suspicion and probable cause can each play a role in making an automobile stop, however the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic…
interferences (Bohm & Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer…
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…