In this case of Illinois v. Wardlow, Sam Wardlow, a 44-year old black man was wrongly searched after he was apparently seen acting ‘suspicious’ when he ran after he saw four police cars driving up. He was then chased by Timothy Nolan, a veteran police officer, as he believed Wardlow as guilty. The officers believed him to be in a ‘high crime area’. They caught up to Wardlow and frisked him. During the search, they found a handgun.…
Searching procedures at county jails strike a reasonable and required balance between the inmates' privacy and the institutions need to safeguard the safety of both the inmates and staff. Reasoning: Issue 1: The court held that correctional officials need sensible discretion to formulate practical solutions to troubles facing correctional facilities. This involves devising reasonable search policies that limit the entry of any kind of contraband in the facilities. Thus, the plaintiff's plea of a 4th and 14th Amendment right violation on a violation of privacy is overridden by the fact that detainees and prisoners pose a significant risk to each other, and thus the strip searches are validated.…
In particular the question arises if it is a violation of “Stop and Frisk” under the Fourth Amendment based on the suspicions of the officer at the time of the immediate contact with the petitioner. The issue specifically refers to whether the officer in this case had the right to “Stop and Frisk” the subject without probable cause based on the observations of the officer and recovered dangerous weapons from the subjects…
The defendant also tried to throw have the charges drop for being in possession of the illegal substance. Her motion was denied because the private security officials have the same rights as private citizens when it comes to enforcing citizen’s arrest by detaining a suspect. “The People contend that the evidence is nevertheless admissible because the search and seizure were made by private persons. They urge that Burdeau v. McDowell (1921) 256 U.S. 465 [65 L.Ed. 1048, 41 S.Ct.…
Diaz a cop saw some suspicious activity from defendant. Finally calling him over to him defendant kept putting his hand in front of his pocket where police notice a bulge in his pocket. Concerned for his safety fearing it might be a weapon the cop patted down the defendant to discover he was unarmed but he did have some vials. This case has to do with what I talked about earlier where the cops due to reasonable suspicion can pat you down. But they do not have the right to search you.…
I, Supreme Court Justice, Floyd McLeod, find in favor of Mohammed Achman. This case has proved to me that Mr. Achman 's rights as an U.S. citizen were violated multiple times. To go more in depth; on September 27, 2001, approximately two weeks after the terrorist attack of the World Trade Center, America, especially New York ,were on edge in finding any little details to get to the bottom of the attack and any future attacks. Unfortunately, the Achman 's felt the wrath and discrimination from American civilians. It all started with people breaking one of his windows to his store and destroying his mosque in queens.…
In the case cases of Gerstein v. Pugh, U.S. 103 (1975), relates to the Fourth Amendment of the United States Constitution gives all person who have been arrested and charged on information a privilege to a legal hearing on the subject of reasonable justification. Therefore, making an arrest of a person without probable cause, is unconstitutional and a violation of the Fourth Amendment Rights. In the case County of Riverside v McGlaughlin, 500 U.S. 44 (1991), relates to the Fourth Amendment of the United States Constitution in a reasonable justification case including a warrantless arrestee. Therefore, all warrants must be lawfully secured with reasonable justification.…
In chapter six, the author examines searches for evidence. The fourth amendment commands the use of warrants. As previously stated, warrants usually consist of three elements to meet the fourth amendment standard. I believe the knock and announce rule is truly effective procedure because this standard can protect officers from injury and more than likely preserve physical evidence from being destroyed. This is also a valuable tool in preventing a high risk target from escaping the scene.…
a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…
This paper argues that the Fourth Amendment effects law enforcement. In criminal cases, it is important that there is substantial evidence to reach a verdict. For the prosecution to obtain such evidence, they must perform a search and seizure. The Fourth Amendment protects citizens from unreasonable and unlawful search and seizures. It states that people have the right to secure their person and property from search and seizure without a warrant.…
There Is No Such Thing as Privacy “It was even conceivable that they watched us all the time.” These are the words Winston Smith and all of Oceania had to live by. George Orwell’s 1984 warns us about totalitarian regimes. The government, Big Brother, abolishes the citizen’s freedom and their own personal privacy, and even into their personal thoughts.…
Why Privacy Matter Even If You Have “Nothing to Hide” In the article “Why Privacy Matter Even If You Have ‘Nothing to Hide,”’ Daniel J. Solove, talking about the government governed the information to analyze without the permission. Many people didn’t realize how many problems by let the government take their information to analyze. Solove does a great job to persuade the readers that we deserve more the privacy by using the appeal to authority and anecdote.…
This means that a suspect has rights, and when a police officer violates these rights, the police officer in question has broken the law and as a result the suspect gets released from jail, as enacted in the movie Dirty Harry. Additionally, legislative principles link with liberal ideas about due process, whereby punishment can only be imposed in cases where the defendant’s liability has been proved beyond reasonable doubt (Cross 2010: 50). This therefore means that, law enforcers can only stop, search and arrest on the foundation of rational suspicion. In addition, the law enforcement officer must provide a search warrant before searching a suspect’s property (Dirty Harry, 1971). Detective Callahan’s failure to do this in the movie Dirty Harry, resulted in the evidence being inadmissible in the court of law, and in turn the suspect was released from police custody.…
It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…
Introduction Stop and frisk tactics have been used to preserve public safety and officer well-being. A stop and frisk is a non-intrusive police stop and pat-down based on the reasonable suspicion in relation to a crime that has happened, will happen, or is in the process of being carried out (Cornell Law School, 2017). Stop and frisk situations are highly common and the reported instances have increased by approximately 7% annually (Hovhannisyan, 2006). However, the approach is highly controversial because it operates primarily on officers' perceptions and opinions, which opens the door to personal prejudices dictating the usage. This executive summary includes the advantages and disadvantages involved in stop and frisk procedures as well as the constitutionality and recommendations to improve the approach.…